Workers’ Compensation Lawyer in San Diego

 

 construction worker in pain after work accident 

As Workers’ Compensation lawyers, we seek justice for employees who are hurt on the job.  Our attorneys have helped injured workers collect benefits to pay for their medical care, disability and loss of income due to:

  • Construction accidents

  • Head, brain, neck and back injuries

  • Repetitive stress and overexertion injuries

And under certain circumstances:

  • Tree trimmer injuries

  • Injuries while on the way to or after leaving work

We can also help you understand why your Workers’ Compensation claim is delayed or help you file an appeal for a denied claim.


Even the most cautious employee can suffer a catastrophic injury on the job. Whether you work in construction, manufacturing, food service, or accounting, all it takes is an instant for your life to change.  Were you injured at work and opened a claim, but:

  • You don't understand why the doctor is saying you can return to work when you clearly cannot?

  • The doctor refuses to treat one or more of your conditions even though it was a result of the injury?

  • You have received a letter saying your claim is denied for "lack of medical evidence" or "lack of evidence that the injury occurred" when your employer knows full well that it happened?

  • You have received letters that are confusing or impossible to understand?

If so, we can help.  These are just a few common scenarios in Workers' Compensation cases.  Call us for a free consultation so that we can:

  1. Meet with you and analyze your case;

  2. Choose a better doctor(s) for you to take over your care; and

  3. Get you the benefits you are entitled to.


Under Workers’ Compensation law, employees who become injured or ill as a result of their job duties are entitled to receive medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation and death benefits.  If you have suffered an injury on the job, Bates Law can explain your rights and help you collect the benefits your employer paid for.  We handle a wide range of Workers’ Compensation cases, including:

 

Permanent Total Disability (100% Disabled) Cases

These are the most seriously injured.  When a person is 100% disabled under Workers' Compensation laws, he/she is entitled to substantially higher disability payments which increase each year in accordance with any rise in Cost of Living and continue for the rest of the injured worker's life.  This is much different from cases where an injured worker is 99% or less Permanently Disabled. Therefore, these cases are hotly contested by insurance companies.  

In addition, people who are severely or catastrophically injured also may require extra help such as:

  • Home Remodel for ADA compliance

  • Home Care services by a nurse, Home Care Assistant or relative

  • Transportation to and from medical appointments

  • Adaptive devices for vehicles

  • Powered and non-powered wheelchairs and other devices for ambulation

  • Prosthetics

  • Coordination of Care by different specialists

There are special Labor Code provisions that apply to these cases.  Therefore, it is more important to have a knowledgeable and experienced law office such as ours handle such a case.

Generally, there are 5 types of cases where an injured worker may be deemed 100% Permanently Totally Disabled.  These are:

  1. Where the Medical Legal reports establish 100% disability.  This is rare and difficult due to the way the Impairment Ratings are structured under current law

  2. Where there is Loss of both eyes or the sight thereof

  3. Where there is the Loss of both hands or the use thereof

  4. Where there is an injury resulting in a practically total paralysiS

  5. Where there is an injury to the brain resulting in permanent mental incapacity; and In accordance with the fact

This last provision typically refers to the use of a Vocational Expert who provides the opinion that the Injured Worker is not capable of competing in the Open Labor Market, is not vocationally feasible or is incapable of working in any occupation anywhere.  This can be a difficult burden to meet and should be handled by an experienced law office such as ours.
 

Construction Accidents

Construction workers are at risk for a number of injuries on the job, including bone fractures, spinal cord injuries, and electrical burns.  We can help you receive benefits that will cover all of your medical expenses, transportation to medical appointments and lost wages while you’re off the job.

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Head and Brain Injuries

The consequences of being struck in the head can range from a slight concussion to a traumatic brain injury. Because these workers’ compensation cases often involve complex medical issues and necessitate long-term treatment, it’s important to have an experienced lawyer guide you through the process.

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Neck and Back Injuries

Neck and back injuries are common consequences of workplace accidents. Fractured vertebrae, pinched nerves, herniated discs, and low back pain can impact your ability to perform your job and can seriously diminish your quality of life. Neck and back injuries can be difficult to prove, but an experienced attorney can help you build a strong case.

 

Repetitive Stress / Overexertion Injuries

Not all injuries are the result of a single, life-altering accident. Tendonitis, bursitis, and carpal tunnel syndrome develop over time, and are often due to minor, repetitive movements that are performed every day. A repetitive stress injury can leave a person in pain and unable to perform daily activities, but most recover with the help of workers’ compensation benefits.

 

Delayed / Denied Claim

A delayed or denied workers’ compensation claim can cause immense pain and suffering, causing you to wait months or even years to receive the treatment you need. The attorneys at Bates Law can help move the process along so you get the benefits you deserve as quickly as possible.