Fresno Workers Compensation Attorney

Providing Aggressive Legal Representation to Help Injured Workers Receive the Compensation They Deserve

If you are injured at work, workers’ compensation provides medical treatment and reimburses you for lost wages. In most situations, employers gain immunity from personal injury claims by carrying workers’ compensation insurance.

However, many injured employees need help understanding the workers’ compensation system. For example, how do you know if you are eligible for workers’ compensation? How much money can you receive? How do you know if you have provided a complete and accurate application for compensation?

California workers’ compensation law can be challenging to understand for those lacking legal training. Like other insurance claims, many insurers look for loopholes to try to deny injured workers compensation benefits.

Contact the workers’ compensation lawyers of Tomassian, Pimentel & Shapazian to learn more about our legal services. We help injured workers overcome the system’s hurdles and receive the wage replacement and medical benefits they deserve. Our Fresno, CA, law firm has a proven record of representing injured workers and obtaining compensation benefits on their behalf.

If you are injured at work, protect yourself, call Tomassian, Pimentel & Shapazian, and speak to a Fresno workers’ compensation attorney immediately.

What are the Most Common Fresno CA Workers’ Comp Injuries?

Like any other bustling city, workplace accidents can occur unexpectedly in Fresno, leaving employees injured and uncertain about their rights. Understanding workers’ compensation becomes crucial for employees and employers when these accidents happen.

Tomassian Pimentel & Shapazian has extensive experience in personal injury law and can explain common Fresno workers’ compensation accidents and their legal implications.

Workplace accidents in Fresno span various industries, from agriculture to healthcare, construction to manufacturing. Despite the diversity, some accidents occur more frequently than others. Here are some common Fresno workers’ compensation accidents:

Slips, Trips, and Falls: Slips, trips, and falls are prevalent in office buildings, construction sites, and retail stores. Wet floors, uneven surfaces, inadequate lighting, and cluttered walkways can lead to serious injuries, including broken bones, head injuries, and sprains.
Overexertion: Jobs requiring repetitive motions or heavy lifting can lead to overexertion injuries. These repetitive motion injuries often affect the back, shoulders, and wrists and can result in chronic pain and reduced mobility.
Struck by Objects: Workers in environments where heavy machinery or equipment is used are at risk of being struck by falling or moving objects. Hazardous work environments include construction sites, warehouses, and manufacturing plants.
Vehicle Accidents: Workers who operate vehicles as part of their job, such as delivery drivers, truck drivers, or construction equipment operators, face the risk of accidents on the road or at job sites. Work-related vehicle accidents can result in severe injuries and even fatalities.
Fires and Explosions: Certain industries, like manufacturing or chemical plants, carry a higher risk of fires and explosions due to the nature of their work. Fire and explosive accidents on job sites can cause catastrophic injuries, including burns, respiratory problems, and trauma.
Electrical Accidents: Workers in industries dealing with electricity, such as construction or maintenance, are at risk of electrical shocks, electrocution, and burns. Faulty wiring along with exposed electrical components, and improper safety procedures contribute to these accidents.
Falling from Heights: Construction workers, roofers, and window cleaners risk falling from heights. Without proper fall protection measures in place, such as harnesses and guardrails, these accidents can result in serious injuries or death.
Repetitive Strain Injuries (RSIs): Workers who perform repetitive tasks, such as typing, assembly line work, or operating machinery, are susceptible to RSIs like carpal tunnel syndrome and tendonitis. Repetitive strain injuries can cause chronic pain and disability.
Chemical Exposure: Employees working with hazardous chemicals or materials may suffer from exposure-related injuries, including chemical burns, respiratory problems, and long-term health complications.
Assaults and Violence: In certain professions, such as healthcare or law enforcement, workers may face the risk of assault or violence from clients, patients, or the public. Regular assault and violence issues on the job can result in physical injuries and psychological trauma.

Navigating the aftermath of a workplace accident can be overwhelming, especially when dealing with injuries and financial concerns. Therefore, understanding your rights under Fresno’s workers’ compensation laws is essential.

What Workers’ Compensation Benefits are Available in California?

Workers’ compensation provides benefits to employees injured on the job, covering medical expenses, lost wages, rehabilitation costs, and disability benefits. In exchange for these benefits, employees generally waive their right to sue their employer for negligence.

Navigating the workers’ compensation process can be complex, with potential challenges such as denied claims or disputes over the extent of injuries. Due to the complexities of filing a California workers’ comp claim, having experienced legal representation becomes invaluable. Tomassian Pimentel & Shapazian attorneys have in-depth experience with workers’ compensation cases. As a result, our legal professionals fiercely advocate for injured workers’ rights and help them navigate the legal process effectively.

Depending on the particulars of your injury claim, you may be eligible for workers’ compensation profits that include:

Comprehensive medical care, including surgeries, prescriptions, therapy, and mileage reimbursement
Temporary disability profits if you cannot work in the short term
Permanent disability profits to cover lost wages if you do not completely recover from your injury
Supplemental job displacement profits for job retraining if you cannot return to the job where you were injured
Death profits for survivors if a family member sustains a fatal injury in a work-related accident

The first doctor you see after a workplace injury may be determined to get you back to work promptly; if necessary, our Fresno workers’ compensation profits attorneys can direct you to a doctor who will evaluate your condition without an agenda set by the employer or insurance company. Written reports from the doctors who have treated you are usually the most critical factor in approving or denying your benefits.

After we evaluate your case, our Fresno workers’ compensation profits attorneys calculate the benefits you should receive. Depending on your injuries, you may receive temporary or permanent disability benefits for partial or total disability or death benefits if you are a survivor.

Whether you have suffered a slip and fall, a repetitive strain injury, or a more severe workplace accident, our team is here to provide compassionate support and aggressive representation. We understand the nuances of Fresno’s workers’ compensation laws and will fight tirelessly to ensure you receive the benefits you deserve.

How Can I Ensure That I Receive Quality Medical Treatment After a Work-Related Injury?

Individuals injured in work-related accidents often worry about their lost wages. However, receiving quality medical treatment is also a high priority for most injured workers.

Our workers’ compensation clients often express these concerns:

I’m still hurting, but the company doctor says I must return to work
My employer offered me a modified position, but I’m not ready to return
I cannot do my old work, but my employer will not accommodate my limitations

Written doctor reports are typically the most crucial element in determining your benefits. Tomassian, Pimentel & Shapazian can ensure that you receive quality medical attention. Based on the medical treatment utilization schedule (MTUS) used by the California Division of Workers’ Compensation (DWC), your employer and claim administrators will conduct a mandatory utilization review (UR) to decide if your treatment is genuinely needed.

The MTUS describes effective treatments and their length and frequency. Your doctor must provide findings that coincide with the MTUS. Our Fresno work injury attorneys can ensure that the treatment described in the UR is proper and adequate.

Especially if your injury involves chronic pain, post-surgical therapy, a rare condition, or if the effectiveness of your treatment plan cannot be predicted, it is vital to have your rights fully protected during the UR.

Our Fresno law firm understands your concern regarding your ability to receive quality medical care. Our team of legal professionals has a comprehensive understanding of the medical needs of those who have suffered work-related injuries. That being the case, our attorneys will fight to ensure you receive the medical benefits you deserve.

Call our skilled workers’ comp attorneys as early as possible after you suffer a workplace injury.

Can Your Law Firm Help Me Through the Workers’ Comp Process?

Our Fresno workers’ compensation attorneys help you through each step of the workers’ comp claims process. Although an injury can be sustained at any job, those in agriculture, construction, manufacturing, and heavy industry are at the highest risk.

Workplace injuries may include repetitive stress injuries, machinery-related injuries, chemical burns, and exposure to toxic compounds.

Our law offices assist clients with the various steps needed to file a workers’ compensation claim, which include:

Sit down with clients to review case evidence
Advise clients of their legal rights and explain the next steps involved in seeking to obtain benefits
Accurately prepare and file the workers’ compensation claim before any deadlines
Assist clients with making informed decisions that may impact their ability to obtain workers’ compensation benefits
Fight to help clients receive benefits promptly
Act as your legal advocate and represent you in any hearings or before an appeals board
Mediate disputes between your physician and the claims administrator
File paperwork to request expedited hearings for clients who are denied benefits

Under state law, workers’ compensation claims may remain active until the injured worker reaches maximum medical improvement (MMI). In some cases, workers may return to work quickly, while others suffer permanent disabilities.

In California, no permanent disability benefits are paid unless a doctor makes a precise finding of permanent disability. Therefore, it is imperative to be evaluated by doctors who are not favoring an employer or insurer. We compel workers’ comp insurance companies to pay full benefits, and we ensure you see a doctor who will honestly assess your condition.

Why Would My Workers’ Compensation Claim Be Denied?

Unfortunately, even though California law stipulates that injured employees may receive wage replacement, medical benefits, and vocational rehabilitation through the workers’ compensation system, claims are often denied.

There are several reasons why a workers’ comp insurance provider will deny a claim. However, just as with other accident claims, insurers are often more interested in protecting their bottom line than claimants’ well-being.

Some of the most common reasons that workers’ comp claims are denied include:

Incomplete applications: Workers’ compensation applications that need to be filled out completely or have incorrect information are usually denied.
Allegations of insufficient evidence: The insurance company may allege that there is not enough corroborating evidence to support a workers’ comp claim.
Failure to promptly report the injury: Workers’ compensation laws require employees to report their injuries as quickly as possible. In cases where an employee has delayed reporting their injuries, employers and their insurance providers often question the credibility of the claim.
Failure to seek medical care: If an employee has been injured on the job, they are immediately responsible for seeking medical care. Failure to seek medical treatment may lead the insurance company to believe the injury was not sustained at work.
Injury occurred outside of work: If the insurance company believes that the injury occurred outside of the work environment, they will refuse to pay a claim.
Horseplay: The insurance company may believe the injuries occurred due to on-the-job horseplay. If the insurer has reason to believe an employee’s injuries are not work-related, their claim will be denied.
Pre-existing conditions: Insurance companies often question whether an injury is work-related or the result of a pre-existing condition and will deny the claim. However, with the help of an attorney, an injured employee may be able to argue that the pre-existing condition was worsened by their work injury and still obtain compensation.

If your claim has been denied, you must hire a Fresno workers’ compensation lawyer who will act as your legal advocate to try to have your application approved. Contact Tomassian, Pimentel & Shapazian law offices today to schedule a free consultation to discuss your workers’ compensation case.

What Legal Steps Can I Take if My Workers’ Compensation Was Denied?

If your workers’ compensation has been denied, you probably feel angry and uncertain about what to do next. Because the steps involved with filing an appeal may seem overwhelming, it is always best to hire a workers’ comp lawyer who understands state laws and will fight to help you receive your rightful benefits.

After you receive a letter stating that your claim has been processed and is denied, you have the legal right to challenge the denial. Workers’ compensation appeals are handled through the Division of Workers’ Compensation (DWC).

The first step in proceeding with an appeal is to file an Application for Adjudication of Claim form within one year of the date of injury. Along with your application, you will also need to provide supporting documentation. You must also file proof of service that confirms that you mailed a copy of the Adjudication of Claim to your employer and insurance company that denied your original claim.

Once the DWC has received your application, you will receive written communication confirming the Notice of Application and a case number. A request can be made to the DWC for a hearing by filing a Declaration of Readiness to Proceed. You must also demonstrate that you mailed your employer and insurance provider a copy of the Declaration of Readiness to Proceed. You will then provide a copy of all of your medical records that relate to your injury and any correspondence between you and your insurance carrier.

Although the procedures involved with filing a claim may seem overly complex, having a workers’ comp attorney can make the entire process go smoothly and obtain a successful outcome for your case.

What Can I Do if the DWC Denies My Workers’ Compensation Appeal?

If the DWC judge denies your appeal, you still have options. The first step is to have your attorney appeal to the Workers’ Compensation Appeal Board (WCAB) by filing a Petition for Reconsideration within 20 days of the DWC judge’s ruling.

If the WCAB also denies your claim and upholds the DWC judge’s decision, you can still file an appeal with the California State Court. However, the State Court will not recognize any new evidence in the case. The State Court will only evaluate any errors that may have occurred when the DWC judge applied workers’ compensation law to the case.

Our law firm realizes that injured employees only want essential financial support and to obtain the medical care they need, such as rehabilitation or physical therapy. For this reason, we strive to help clients by providing them with solid legal representation.

If you have been denied workers’ compensation benefits, contact our law offices to schedule a free consultation to discuss your legal options. When you come to us for assistance with your case, we take time to sit down with clients and provide honest answers as to what they should expect. In many cases, we are able to present facts to the DWC judge that result in clients receiving their rightful benefits. Whatever your legal needs may entail, our legal professionals will stand by your side.

What Other Facts Do I Need to Know About Fresno Workers Compensation?

If you have suffered job-related injuries, there are several facts that you should know about Fresno workers’ compensation and what our law firm can do to help:

Some employers violate safety regulations or remove safety equipment. You may receive additional compensation if you are injured because an employer willfully violated safety regulations. Call our Fresno workers’ compensation attorneys to discuss your case if your employer violated a safety regulation or illegally removed safety equipment.
Repetitive stress occurs when repetitious physical actions are performed for an extended period. Our Fresno workers’ compensation attorneys collect the vital evidence that links your repetitive stress injury to your job.
You may be exposed to harmful substances, especially in agricultural, heavy industry, construction, and manufacturing jobs. Exposure may result in cancers, lung disease, nerve damage, and other serious conditions. Our Fresno workers’ compensation attorneys will consult with specialists to prove that work-related exposure to a toxic substance is the cause of such a condition.

Our lawyers are passionate about protecting California workers and will fight to help you receive your workers’ compensation benefits. Contact our law offices to learn more and speak to a Fresno workers’ compensation attorney who can answer your questions.

What Makes Your Fresno Workers Compensation Lawyers the Best Option for My Legal Needs?

Understanding workers’ compensation law is vital to settling claims quickly so injured workers can continue their lives. California employers often try to take shortcuts that can harm workers. Our law firm has successfully handled workers’ compensation cases and is familiar with the dangerous conditions employees often endure.

Tomassian, Pimentel, and Shapazian take pride in helping workers fight for the benefits they deserve after being injured on the job. We never back down from insurance companies and will work to negotiate a settlement that is in your best interest and will give you the confidence to face the future.

If you have been injured or your workers’ compensation claim has been denied, you must have an attorney who understands state laws and has a proven record of getting results. We can assist you with filling out the paperwork in filing a claim or provide legal representation who will stand by your side throughout the appeals process.

Unlike other law firms that often treat their clients like a number, we work diligently to ensure that those who trust us with their legal needs are treated with the respect they deserve. We offer flexible hours to meet your needs and return every call promptly. When you hire us to help you fight for your benefits, we will promptly inform you of any changes in your case.

We serve clients in Fresno, Madera, Tulare, Kingsburg, and Hanford counties. Our staff speaks fluent Spanish and French, so do not let a language barrier keep you from getting the legal help you need. Call Tomassian, Pimentel & Shapazian today at 559-545-0383 or contact us online to schedule a consultation