Attorney Services For California Workers Compensation Law Claims
In the event a dispute arises in the claims process that cannot be resolved between the employee and the adjuster, the employee has the right to file an application for adjudication of claim with the Workers’ Compensation Appeals Board (WCAB). To do so, the employee may file and represent him or herself, or they may enlist California workers compensation law attorney services. The right to be heard in court and to have a lawyer any time in the process is constitutionally protected. And, although non-lawyers may represent insurance companies for a fee at the WCAB, only lawyers may represent claimants for a fee in court. However, law firms who represent employees may send hearing representatives to court who are not attorneys to appear and represent clients on the firms behalf, but only if certain rules and procedures are followed.
It is extremely popular for those suffering from job injury or illness to hire legal help to file a case at the WCAB and to advocate for them in court. It is almost impossible to get a fair outcome without having California workers compensation law attorney services fighting the insurance company. This is because the insurance company has superior financial and legal resources at their disposal, which are used to pay less on cases and make profits. In short, the insurance company is not your friend and it is advisable to get your own representation to combat the pervasive injustice within the system arising from corporate greed.
Many law offices will state to the client right up front that they will only represent the client on their employment accident injury law claim. Although this is advantageous for the firm, the attorney representing the client has a duty to advise the worker of several other legal issues that may exist outside the WCAB jurisdiction. These include: 1) potential lawsuits against the employer that are not barred by the exclusive remedy rule; 2) potential third party lawsuits (products liability, negligence, etc) and the statute of limitations for filing such lawsuits; 3) potential social security benefits, Unemployment Insurance benefits, State Disability Insurance benefits, and Paid Family Leave; 4) potential medical malpractice lawsuits; 5) potential claims arising under the Americans with Disability Act (ADA) and the Fair Employment Housing Act (FEHA); 6) potential discrimination penalties under Labor Code Section 132a and Serious and Wilful Misconduct violations.
Our Attorneys Provide Proper Legal Help for Injuries
We fulfill our duties by providing the proper legal advise to our clients on all potential issues they may have, not just their claim issues. Many firms, however, will simply state that representation does not extend to other possible causes of action and therefore another attorney must be consulted for other potential lawsuits. While we may refer you to another lawyer for other issues, we will help identify other causes of action for our clients even if we do not represent them on those lawsuits. By providing well-rounded legal advice, the client gains a lot of perspective, which allows for proper setting of goals and selection of strategy that can only be had when all legal rights are considered.
If you have been hurt on the job, or believe you have developed a health condition or illness arising our of and in the course of your employment duties, it is time to call us to get the well-rounded legal help you need to make the right decision about what to do. We offer a free case evaluation and legal consultation directly with an experienced California workers compensation law attorney. And, all cases are taken on a contingency fee basis, meaning no fees or costs are due unless monetary recovery is accomplished.
Do not hesitate! Important legal rights can be lost if not exercised in a timely manner! Call us at 909-325-6032 and speak directly with a lawyer right now. Or, submit a form at www.napolinlaw.com for a call back from Alexander D. Napolin, Esq.