Frequently Asked Questions
Proudly Serving California Workers Injured On The Job
Workers Compensation FAQs
Work-Related Car Accidents
Work related accidents aren’t relegated to the job site or office. Many people are injured every day driving cars as a part of their job. If you’ve been hurt in a car accident related to work, you may be entitled to worker’s compensation. In addition to work comp benefits, you may be entitled to other damages depending on the nature of your accident. You need an experienced lawyer to determine what damages you are entitled to.
Call the experienced workers’ comp lawyers at the Tous Law today if you’ve been involved in a work-related car accident. Typically, you will be eligible for worker’s compensation even if the accident was your fault. Our lawyers have experience covering drivers performing a wide array of functions including:
- Taxi drivers
- UPS/FedEx/USPS drivers
- Commercial truck drivers
- Bicycle couriers
There are some circumstances where you will not be eligible for worker’s compensation in the event of a work related car accident. These circumstances include:
- Driving under the influence
- Injuring yourself while engaging in horseplay with another employee
- When you were performing a non-work related function in your vehicle
- Intentionally injuring another person or yourself
You may also have to fight with the insurance company over what compensation you deserve. The insurance company may try and push you back into work before you are ready. In the event of a dispute with the insurance company after a work related car accident, we will consult our own medical experts to ensure you return to work only when necessary and that you get the compensation you deserve.
Work related car accidents happen all the time but no two accidents are the same. That is why you need an experienced car accident lawyer working for you to make sure you receive the proper compensation for your injuries.
I Need To Reopen An Old Claim
Reopen Your Old Work Injury Case
Is an old work injury causing you new problems? Have you experienced a denied claim? If your workers’ comp benefits were terminated because you were able to return to work, but some time later you started experiencing injury symptoms again, there is good news. In California, there is a five year limit for reopening old work injury claims.
Workers’ Comp Is Our Specialty
The experienced California work injury lawyers at the Tous Law Group are prepared to handle all types of workplace injury claims, including reopening of old claims. We are dedicated to serving workers in Orange County and throughout the state of California and are happy to answer your questions. Our work injury attorney David Tous has experience in reopening old work injury cases in California in the field of workers’ compensation law — unlike other law firms, we focus exclusively on this area of law. You can rely on us for thorough, up-to-date knowledge and sound advice.
What You Should Know About Reopening Old Cases
The right to reopen an old work injury claim in California is based upon the belief that the result of an injury may not fully be known until years after the injury occurs, or that injuries may become worse over time. For a successful claim, you will need testimony from a doctor who believes that your current condition is related in part to the original injury.
Like other aspects of workers’ comp, reopening an old work injury claim in California isn’t easy — the regulations and paperwork involved can be difficult to understand — so it is always best to work with a highly qualified workers’ compensation lawyer. Let us guide you through the process and increase your chances of a positive outcome. A request to reopen an old work injury case in California is different from appealing a denial or termination of benefits, and different from starting a new case — though we can help with those challenges too.
Get Skilled Work Injury Lawyers On Your Side
Remember that the insurance company is not on your side. Their job is to pay out as little as possible, so they will go to great lengths to deny your claim. That’s why it’s so important to have a skilled and compassionate advocate, like one of our attorneys, who are on your side and can argue your case in reopening an old work injury case in Orange County. We offer free initial consultations, and you’ll pay no fees unless your claim is successful — so it’s worth your time to discuss your case with us.
Do I Have A Case?
You may have heard that it is difficult to get workers’ compensation — that many claims are denied, or that the benefits are not enough to cover lost wages and medical expenses. But each case is different, so the best way to find out if you have a valid claim is to ask. At the Tous Law Group workers’ comp is all we do. Contact our office in Orange County for a free consultation: We’re here to offer knowledgeable answers to your questions.
What You Need To Know About Workers’ Comp
Workers’ compensation is a no-fault system. That means that even if an error on your part contributed to your injury, you can still apply for benefits. If your injury occurred on the job or because of the job, or if your work activities made a pre-existing condition worse, you may have a claim. It is important not to take “no” for an answer if you believe your claim is valid.
You may have grounds for appeal if:
- Your doctor says you should not be working
- The employer’s insurance company refuses to pay for treatment your doctor says you need
- Your wages were miscalculated so you’re not receiving enough compensation
We have decades of experience helping injured workers. We’ll listen carefully to your story and tell you honestly whether you have a case.
When Should You Seek Legal Help?
The sooner you seek legal help, the more we can do to help you. Many of our clients miss opportunities because they didn’t read or understand the notices they received from their insurance company. We charge no fees upfront, so you don’t need to wait until you can afford legal help.
In certain circumstances, it may be possible to reopen your case. If you believe you were treated unfairly, or are not receiving the benefits you should, our experienced attorneys can help. We have even helped contract workers receive benefits, in cases where they were really employees in the eyes of the law.
Tous Law Group Workers’ Compensation Is Your Only Legal Remedy
In Orange County, California, workplace injuries require you to sue your employers for workers compensation benefits, if they have rejected your claim, workers’ comp is the only remedy for injured workers — you cannot sue your employer, even if the accident was caused by negligence or failure to adhere to safety regulations. In most cases everyone benefits by removing questions of “fault” from the equation. Instead of your case being heard in front of the county judge, it will be heard in front of the California Department of Industrial Relations.
Don’t Settle Without Talking To Our Orange County Law Firm
The insurance company claims adjuster is not on your side. He or she will not explain all possible outcomes or offer alternative options, and certainly will not tell you what the maximum amount your case is worth.
What Am I Entitled To Under California Workers’ Compensation Laws?
If you or a loved one has been injured on the job, it is important that you receive all of the benefits to which you are entitled and are aware of your Employee Rights. Depending on the details of your case, you may receive compensation for:
- Medical care for the injury or illness: Workers’ compensation should cover all expenses associated with the treatment of your injury; you do not need to go into debt to get the treatment you need.
- Permanent lost wages: If your injury is determined as permanent, making sure such injury is fully documented is vital. You could lose out on valuable benefits if your injury is not properly assessed and valued initially.
- Lost earning capacity: Did you receive a Loss of Earning Capacity Questionnaire? Our California workers compensation entitlements & benefits lawyers for workers compensation, can help you complete it, so you are compensated if you can’t earn as much as did you before (because you must work fewer hours or choose a lower-paid position).
- Survivor’ benefits: These are available if you lost your spouse in a fatal workplace accident. Payments will come as a monthly check as long as you remain unmarried, so you don’t have to worry about how you’ll pay your bills alone. If you suspect that workplace health or safety issues had anything to do with your spouse’s passing, reach out to us. The law provides that in some circumstances, even if the cause of the death is uncertain, the workers’ compensation insurance will still have to pay you benefits.
- Job retraining: In California, retraining benefits are not included in workers’ comp. However, there is a limited set of circumstances in which the Special Fund/No Insurance Section of the Industrial Commission will pay to retrain you or send you to vocational rehabilitation. Talk to our attorneys for workers compensation attorneys to find out if you might qualify.
What Else Should I Know About Workers’ Comp Benefits?
The workers’ comp laws have drawn up a “schedule.” This is a list that indicates the value — the financial costs for which the worker will be compensated — of a permanent injury to a hand, arm or other part of the body. If an injury is not on that list, it is considered “unscheduled” and the necessary compensation must be negotiated. We will discuss with you whether your injury is scheduled or unscheduled, because it will make your case more or less complex.
Many injured workers are upset when they learn that they will not receive compensation for “pain and suffering,” as they might with a personal injury lawsuit. The California Workers’ Compensation Act does not provide compensation for pain and suffering, unless it affects your post-injury earnings; nor does it provide job retraining. In the vast majority of cases, you cannot sue your employer. If you are one of the many that have fallen victim to a debilitating injury you need the California workers compensation entitlements & benefits lawyers on your side.
Our Experienced Attorneys Can Help You With Your Claim
Workers’ compensation law is complex and fact-based. The claimant receives many notices and documents that may be hard to understand, and many valid claims are initially denied. Our California workers compensation entitlements & benefits attorney, David Tous, has been serving California workers for decades, and our clients appreciate our exceptional service and our willingness to fight hard on their behalf. We work state-wide, so no matter where in California you reside, you can get the legal help you need.
Do You Help Independent Contractors?
Work Injury Claims For Independent Contractors
If you’re an independent contractor, there are many perks and benefits you don’t get such as paid time off and health insurance. Workers’ compensation is another benefit that is only available to employees — as many contractors discover when they suffer from a work-related injury.
If you find yourself in this situation, it’s a good idea to consult an experienced California workers’ compensation lawyer in getting to know your benefits as an independent contractor. As with other injury claims, you may have more options than you think, and the only way to really find out if you have a valid claim is to discuss your situation with a lawyer. Just because you believe you are an Independent Contractor does not mean you are under the law.
You Can Rely On Tous Law
For workers in California and the surrounding areas who need legal advice, the Tous Law Group is an excellent choice. Workers’ comp is our specialty, and we have been doing it for decades. We know this complex, fact-based area of law inside and out, and we are aware of recent changes to state laws and regulations. We are committed to fighting for the rights of injured workers, and to offering exceptional client service.
Are You Really A Contractor?
We have seen many cases where a company will misclassify an employee as a contractor in order to avoid paying benefits. You may think you are an independent contractor, when in fact you were working as an employee. An administrative law judge will consider the totality of your circumstances to determine your true status in the eyes of the law.
The Right To Sue
For employees, workers’ comp is generally the only legal remedy available. But if you are in fact an independent contractor, suing your employer for negligence may be an option. We’ll use our knowledge and experience to help you explore all your options, so you can pursue the path that’s right for you.
Skilled Advocates Handling All Types Of Work Injury Claims
The Tous Law Group is committed to serving injury workers in California and surrounding areas. We have decades of experience and our practice is focused exclusively on workers’ comp.
Whatever Your Injury, We’re Here To Help
We have helped workers in California receive compensation for a very wide range of injuries, including:
- Back injuries — These should be taken seriously, because if left unattended they may keep you from working at all, or may prevent you from performing all your duties.
- Brain injuries — These cannot be seen with the naked eye, but may be very serious. If you’ve had a head injury at work, you should consult a doctor immediately.
- Knee injuries — These are very common, and often require repeated surgeries and prolonged therapy.
- Neck injuries — These can be difficult to diagnose and can be mistaken for other types of injuries, so early treatment is very important.
- Shoulder injuries — These can lead to strain in other parts of the body if left untreated because other muscles begin to overcompensate for the injury.
- Repetitive stress or strain injuries such as carpal tunnel syndrome — It is important to understand that workers’ compensation isn’t just for accident victims.
Serving Workers From All Industries
We have ample experience with workers from all industries, including construction and farming. Work in these industries involves significant manual labor and working with heavy machinery; falls from heights are also common. We understand that construction workers and farm laborers face special challenges, and we are prepared to respond to their unique needs. We’ll ensure that your disability stage and your lost wages are calculated accurately, so you get all the compensation you deserve.
You Can File Claims For Permanent And Temporary Injuries
While we serve clients with all types of disabilities, workers whose injuries will permanently prevent them from working are especially in need of legal assistance. If you have sustained a permanent work injury in California that will reduce your earning capacity or prevent you from working entirely, you are entitled to receive a portion of your lost wages for the rest of your life. You should also know that you can also receive disability benefits for temporary injuries that cause you to miss more than seven days of work.
Any Work-Related Accidents Can Be Compensated
It may seem obvious that those who work as drivers would be entitled to compensation if they are involved in truck collisions, rollovers, and loading and unloading accidents. But did you know that any worker who drives as part of his or her job — traveling to meet customers, attend meetings, etc. — can be compensated for a car or truck accident that occurred while performing work-related duties? California workers’ compensation is not limited to accidents that occurred on company property.
What To Do After An Injury At Work
If you have been injured in a workplace accident, or suspect that you have another type of work-related injury (such as repetitive stress syndrome, knee or back problems), taking certain steps will improve your chances of receiving compensation.
At the Tous Law Group we have helped countless Orange County workers from all industries, and with all types of injuries, get the benefits they need and deserve. David Tous Group specializes in work place injuries, and we believe this highly focused knowledge and experience is a huge asset to our clients. Based on decades of working for workers, we’d like to offer the following advice if you’re asking yourself –
Injured At Work? Be Sure To Take These Steps.
- Seek medical help right away. Your benefits will be paid back to the date you began treatment, so it’s not a good idea to wait. If you had a previous injury, tell the doctor how it has changed or worsened because of your work.
- Inform your employer — which may mean telling your manager, supervisor or a co-worker. According to the California Department of Industrial Relations, “It is the injured worker’s responsibility to make sure the injury is reported to the supervisor/employer as soon as an injury occurs or when the injured worker becomes aware of the condition.”
- Do not attempt to “work through” your injury — you will not be rewarded for your loyalty, and it may harm your claim.
- Consult a the Tous Law Group work injury compensation lawyer as soon as possible. Your employer or insurer may question the validity of your claim or diminish its value, because they are primarily concerned with their bottom line. They will have lawyers, and so should you — let us help you navigate the claims process.
- Make sure that your claim is filed with the California Department of Industrial Relations. You probably will not be compensated by the insurer until your claim is properly filed. Your employer may file the claim for you, but you are ultimately responsible for ensuring it is filed.
- If you cannot work, your employer is not obligated to hold your position open for you. You should know, however, that it is illegal for employers to fire a worker just because he or she filed a workers’ comp claim (that is, unlawful retaliation).
In California, there is a one-year statute of limitations on filing a claim for workers’ compensation — but it’s not a good idea to wait. The sooner you make your claim, the sooner you will receive payments to cover your lost wages and medical expenses. Our team of workmans’ compensation lawyers are here to guide you through this difficult time.
Schedule Your Complimentary Consultation Today
If you’ve been hurt while on the job, you need an experienced, proven team in your corner. Contact the experienced workers’ compensation attorneys at the Tous Law today online or at 714-377-1068 to discuss your case for free. We proudly serve clients throughout Southern California.
Years In Business
In Paid Settlements
4952 Warner Ave, #255
Huntington Beach, California 92649