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Best Workers' Compensation Attorneys in San Jose

If you've been injured, it can be tough to know where to turn. So we’ve done the research for you! The below lawyers represent the best Workers' Compensation attorneys in San Jose. Maximize your compensation by letting these experts fight for you! You can get started today by requesting a Free Consultation with any of the law firms and lawyers listed below.

28 Lawyers and Law Firms
View Mayen & Herrera Reviews, Ratings and Testimonials

Mayen & Herrera Profile & Reviews

Workers' Compensation Law Firm in San Jose, California
300 S 1st St #319, San Jose, CA 95113
Above Average 3.9

7 clients reviews

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View Windsor Troy Lawyers Reviews, Ratings and Testimonials

Windsor Troy Lawyers Profile & Reviews

Workers' Compensation Law Firm in San Jose, California
111 N Market St, San Jose, CA 95113
Above Average 3.9

11 clients reviews

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View Pacific Workers', The Lawyers for Injured Workers Reviews, Ratings and Testimonials

Pacific Workers', The Lawyers for Injured Workers Profile & Reviews

Workers' Compensation Law Firm in San Jose, California
75 E Santa Clara St, San Jose, CA 95113
Mediocre 2.8

5 clients reviews

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View Kafka Joseph Reviews, Ratings and Testimonials

Kafka Joseph Profile & Reviews

Workers' Compensation Law Firm in San Jose, California
1541 The Alameda, San Jose, CA 95126
Mediocre 2.3

3 clients reviews

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Frequently Asked Questions About Workers' Compensation

What is Worker’s Compensation?

Workers' compensation is a state-mandated insurance program that provides benefits to workers who suffer job-related injuries or illnesses. It may cover medical expenses, a portion of lost wages, rehabilitation costs, and disability benefits.

Who is eligible for Worker’s Compensation?

Generally, employees who are injured or become ill as a direct result of their job are eligible for workers' compensation. However, eligibility can vary based on state laws, the type of employment, and the specifics of the injury or illness.

What benefits are available through Worker’s Compensation?

Workers' compensation benefits typically cover medical expenses related to the injury or illness, a portion of lost wages if the worker is unable to work, rehabilitation costs, and disability benefits for both temporary and permanent disabilities. In the event of a worker's death, it may also provide benefits to the worker's family.

How do I file a Worker’s Compensation claim?

To file a workers' compensation claim, you typically need to notify your employer about your injury or illness, seek medical treatment, and complete a claim form that your employer should provide. The specifics of this process can vary by state.

What are some common mistakes people make when filing a Worker’s Compensation claim?

Common mistakes when filing a workers' compensation claim include failing to report the injury promptly, not seeking immediate medical attention, not following doctor's orders, not fully disclosing medical history or the extent of the injury, and not appealing a denied claim.

What are some tips for getting the most out of Worker’s Compensation?

To maximize your workers' compensation benefits, report your injury promptly, seek immediate medical treatment, follow your doctor's instructions, keep detailed records of your injury and treatment, and consider seeking legal advice, especially if your claim is complex or disputed.

What are the benefits of hiring a workers' compensation lawyer?

A workers' compensation lawyer can help ensure that your claim is properly filed, that you receive all the benefits you're entitled to, and that your rights are protected throughout the process. They can also help navigate any disputes or appeals.

How long does it take to get a settlement from a workers' compensation claim?

The timeline for receiving a settlement from a workers' compensation claim can vary widely depending on the specifics of your case, including the severity of your injury, the complexity of the claim, and the efficiency of your state's workers' compensation system. It can take anywhere from a few weeks to several months or even longer.

Can I sue my employer if I get hurt on the job?

Typically, workers' compensation is considered an "exclusive remedy," meaning that it's the sole source of compensation for job-related injuries or illnesses. However, in certain situations, such as if your employer intentionally caused your injury, you may be able to sue your employer.

Can I be fired for filing a workers' compensation claim?

It's illegal for an employer to retaliate against an employee for filing a workers' compensation claim. This includes firing, demoting, or discriminating against an employee. If you believe you've been retaliated against, you should consult with a lawyer.

What if my workers' compensation claim is denied?

If your workers' compensation claim is denied, you generally have the right to appeal the decision. The appeals process can vary by state, but often involves a hearing before a workers' compensation judge. An attorney can guide you through this process.

Does workers' compensation cover mental health issues?

In some cases, workers' compensation may cover mental health issues, especially if they're directly related to a work-related physical injury or a traumatic event at work. However, the rules regarding coverage for mental health issues under workers' compensation can vary greatly from state to state, and proving that a mental health condition is work-related can be challenging.

What should I do if I'm injured at work?

If you're injured at work, it's important to report the injury to your employer as soon as possible, seek medical treatment promptly, and follow all required procedures for filing a workers' compensation claim. Keeping detailed records of the incident, your injury, and your medical treatment can also be beneficial.

Can I choose my own doctor for a workers' compensation claim?

The rules regarding choice of doctor for a workers' compensation claim vary by state. In some states, you can choose your own doctor, while in others, you may be required to see a doctor chosen by your employer or the workers' compensation insurance company.

What if I'm injured while working from home or off-site?

Workers' compensation covers work-related injuries regardless of where they occur. If you're injured while working from home or off-site, you may still be eligible for benefits. However, proving that an injury is work-related can be more challenging when you're not working at your employer's physical location.

What is a workers' compensation settlement and how does it work?

A workers' compensation settlement is a mutual agreement between the worker and the workers' compensation insurer (or self-insured employer) that resolves a workers' compensation claim. The injured worker receives a lump sum or structured payments, and in return, gives up the right to any future claims related to the injury. It's important to understand the potential implications of a settlement, so consider consulting with a lawyer before agreeing to a settlement.
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