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San Bernardino Workers’ Compensation Lawyer

Workers’ compensation should make it easy for injured workers to obtain benefits for medical bills and lost wages in San Bernardino. Unfortunately, this isn’t always the case. Many workers’ comp claims are complex and require assistance from skilled San Bernardino workers’ compensation attorneys. Legal representation in workers’ compensation claims can ensure that your employer or his/her insurance company doesn’t take advantage of you. The San Bernardino personal injury attorneys at Bentley & More LLP provide premier legal services with no up-front fees, free consultations, and contingency-based payment. You won’t pay anything unless our experienced workplace injury lawyers win.

San Bernardino workers comp lawyer

San Bernardino Workers’ Compensation Resources

What Is Workers’ Comp?

Like all states, California has a workers’ compensation program that provides medical coverage and other benefits to injured workers, no questions asked. Workers’ compensation will front the costs if the injury or illness occurred while the employee was performing job-related tasks. All employers with one or more employees in California must carry workers’ compensation insurance – including those with independent contractors or subcontractors. Injured people should seek workers’ comp coverage after a harmful workplace injury with help from a San Bernardino workers’ compensation lawyer at Bentley & More LLP.

Workers’ Compensation Laws in San Bernardino

You must report your injuries to your employer within 30 days to qualify for workers’ compensation benefits. You must also have been at work or doing something related to work at the time of the accident. Seek immediate medical attention to protect your rights as an injured worker. Failure to obey the filing rules could result in the insurance company denying your workers compensation claim. Use an injury attorney’s help to navigate San Bernardino’s workers’ compensation laws.

What Are Some Common Workplace Accidents in San Bernardino?

San Bernardino County’s most prominent workforces and industries include manufacturing, farming, construction, and transportation. These happen to be some of the world’s most dangerous industries for workers. Common workplace accidents include:

  • Transportation collisions
  • Rollover accidents
  • Slips, trips, and falls
  • Struck-by object or equipment
  • Electrocutions and shocks
  • Fires and explosions

Workplace accidents can cause head or brain injuries, spine injuries, bone fractures, burns, organ damage, and serious illnesses such as asbestosis. Exposure to harmful substances or dangerous property defects can increase the risk of an employee work injury, as can poor job site management and employee training. It’s up to you to learn your rights as an injured worker with help from the trusted San Bernardino workers’ compensation lawyers at our Southern California law firm.

If you were in a car accident at work that resulted in injury, please call our car accident attorneys in San Bernardino today.

Who Is Liable for Workers’ Comp in California?

It is your California employer’s legal responsibility to carry and maintain adequate workers’ compensation insurance. Failure to do so is a breach of state law and could result in employer liability for your damages. Your employer’s insurance company will work with you to come up with a fair settlement amount. Be cautious, however: insurers want you to settle for as little as possible, not for the amount that’s best for you. Don’t accept a settlement offer until you’ve spoken to a San Bernardino workers’ comp attorney.

What Damages Can I Recover for a Workplace Injury in San Bernardino?

The California workers’ compensation system permits employees to recover benefits for all accident-related medical bills, temporary or permanent disabilities, job displacement costs, and death expenses. The state places limits on what injured workers can recover. A personal injury lawsuit, on the other hand, could result in greater compensation as well as pain and suffering damages. It may be within your rights to pursue damages through both the workers’ compensation system and the civil system depending on the circumstances of your accident.

Work Injury Reporting Deadlines

Anytime you sustain an injury in the workplace, you must report the incident as soon as possible. There are very specific deadlines related to workers’ compensation claims in California that individuals need to be aware of. In fact, there are two different timelines revolving around these types of claims – one deadline focused on reporting the injury after it happens and another deadline focused on filing the actual workers’ compensation claim.

  • The first deadline in place relates to reporting the injury to the employer. In a perfect world, the employer would be notified about a workplace injury or illness the day it occurs. However, there are situations where an employer will not find out right away, particularly if the employee is not quite sure whether they have sustained injury. Overall, the employer needs to find out about the workplace injury or illness within 30 days of its occurrence or from when the person discovered the injury or illness.
  • The second deadline related to workers’ compensation claims revolves around actually filing the claim. Not all work injuries require a workers’ compensation claim to be reported immediately, particularly if individuals perceive the injury to be as minor or are even unsure whether they have sustained an injury. Individuals have one year from the date an injury or illness occurs to file the actual claim with the insurance carrier.

Understanding when a work injury has to be reported can get complicated, particularly for incidences of cumulative trauma, chronic illnesses, and delayed diagnosis. We strongly encourage you to speak to a skilled work injury lawyer who has experience handling these situations and can guide you towards filing the claim in the appropriate time frame.

How Long Can You Receive Workers’ Comp Benefits?

In general, workplace injury victims can receive workers’ compensation benefits for a cumulative total of two years, or 104 weeks to be exact. However, these 104 weeks do not have to be used consecutively. 

There are times when individuals do not need to receive benefits week after week. Sometimes, individuals recover enough to return to work only to be sidelined again by the same injury. If someone needs to use 24 weeks of benefits initially and then returns to work, they could theoretically have 80 more weeks of benefits to use. However, all these 104 weeks are available over a five-year time frame.

In cases of incredibly severe injuries, such as third-degree burns or occupational cancers, individuals may be able to receive benefits for 240 weeks. 

For workers who sustain long-term or permanent disabilities as a result of a workplace injury, they need to plan ahead and discuss filing to receive Social Security Disability (SSD) insurance. There may be cases where the employer’s workers’ compensation insurance policy does provide long-term disability benefits, but state law does not require employers to carry long-term disability, only short-term disability. SSD Is the more likely route that individuals will need to take if they are going to need long-term assistance as a result of a workplace injury. 

Why Choose Our Experienced San Bernardino Workers’ Comp Injury Lawyers?

It’s important to choose a San Bernardino workers’ compensation lawyer you can trust. The skilled injury attorneys Bentley & More LLP has helped hundreds of clients obtain justice and compensation for their injuries over the years. Clients praise us for our attention to detail, personal attention, and professionalism. Don’t take our word for it – call (949) 870-3800 to talk to one of our work injury lawyers and experience the difference yourself. We beat the competition through assertive workers’ compensation insurance negotiation and knowledgeable litigation. Contact us now for more information.