Frequently Asked Questions

DO I HAVE A WORK INJURY

If I have an accident while working is that a compensable work injury?


The accident alone is not compensable; accidents that arise out of or during the course of employment which results in any injury are considered work injuries. There are some exceptions, but most of these types of injuries are compensable under workers compensation laws. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




If I have aches and pains which occur while working, can that be a work injury?


Yes. If over time you begin to develop aches and pains or symptoms as you perform your duties, then you may have a "gradual injury" or more technically, a "continuous trauma" injury. Injured workers often do not realize that these aches and pains can constitute a compensable work injury. Even if your pre-existing aches and pains increase while you are performing your work duties, you may have a compensable work injury. If you have any questions about whether your aches and pains or medical conditions are compensable or constitute a work injury, we are here to help you. Call 1-800-666-6666 for an appointment for a free consultation.




What are the more common orthopedic work injuries?


Almost any type of orthopedic injury can be work related. The following are some of the more common orthopedic injuries we see (and there are many others) which can be compensable work injuries:: > Back pain or back injury > Aggravation of a previous back injury or back pain > Herniated disks > Radiating pain to arms or legs > Neck pain or neck injury > Shoulder pain or shoulder injury > Hand, wrist, and/or arm pain or injury > Carpal Tunnel syndrome > Amputations > Broken Bones > Hip pain or hip injury > Knee pain or knee injury
> Foot and/or ankle pain or injury > Plantar Fasciitis > Tendonitis > Degenerative arthritis (DJD) > Fibromyalgia > TMJ (jaw joint) pain or injury > Repetivie Motion Injuries > RSD (Regional Sympathetic Dystrophy) > Nerve Damange If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What are the more common internal symptoms and/or work injuries?


Almost any type of internal symptom/injury can be work related. Often, internal symptoms may be pre-existing and your work duties aggravate those symptoms. The aggravation is most likely a work injury. The following are some of the more common internal symptoms/injuries/aggravations we see (there are many others) which can be compensable work injuries: > High blood pressure > Aggravation of high blood pressure > Diabetes > Aggravation of diabetes > Lung problems > Asthma > Aggravation of asthma > Heart palpitations > Heart Attack > Cardiovascular disease > Aggravation of cardiovascular disease > By pass surgery
> Breathing problems > Acid reflux > Gastritis > Stroke > Stomach pain > Aggravation of liver disease > Aggravation of renal disease > Blood diseases or infections > Needle pricks > Thrombosis > Pulmonary embolism > Fatigue syndrome > Toxic exposure > Fume exposure If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What are the more common emotional symptoms and/or work injuries?


Almost any type of emotional symptom/injury/aggravation can be a work injury. The following are some of the more common emotional injuries we see (there are many others) which can be compensable work injuries:: > Stress from abuse > Stress from excessive work > Depression > Anxiety > Panic attacks > Sleep disturbance > Fatigue syndromes > Headaches > Migraines > Emotional symptoms as a result of a physical injury > Addiction from medications > Discrimination
> Stress from sexual harassment > Inappropriate touching > Profanities or sexual comments at work > Pornographic or suggestive images > Stress from performing duties without adequate training > Appetite disturbance > Lack of motivation > Irritability > Aggravation of pre-existing emotional problems > Fear of your boss or of your work environment > Harassment after reporting pain or an injury If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




Traumatic / Catastrophic injuries are often work related...


Almost any type of catastrophic injury can be work related. The following are some of the more common catastrophic injuries we see (there are many others) which can be compensable work injuries:: > Traumatic brain injury (TBI) > Closed head injury > Paralysis (hemiplegic, quadaplegic) > Spinal cord injuries > Brain injuries > Internal organ damage > Needle pricks > Burns > Nerve injuries > Cancer > Crush injuries > Coma
> Mental disorder > Amputations > Heart attacks > Strokes > Lung exposures > Poisoning > Electric shock > Blindness > Bypass surgery > Knee replacements > Blood diseases > Death If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is a specific injury?


A "specific injury" is what is commonly called an accident (not necessarily a motor vehicle accident) that generally happens all at once in some type of event or incident. The injured worker usually knows exactly how the accident happened and that the accident was the source of their injury. A "specific injury" is generally can be observed and witnessed by others. There is a definite mechanism of injury. Some examples of a "specific injury" are as follows: > You lift a heavy box and either you feel immediate pain or burning in your back, or your shoulder, or your knee, etc. However, this pain may not be felt until 2 to 3 days later. This could be a workers compensation injury. > You are climbing stairs and you step awkwardly and your ankle hurts. Others may not witness this type of "specific" Injury. This could be a workers compensation injury. > You slip and fall in the parking lot of your work and you hit your head on the pavement. Some time later you notice headaches and you may be forgetting things. This could be a workers compensation injury. > You are a cashier and another worker or a customer assaults you and then you have pain or emotional symptoms. This could be a workers compensation injury. > You are a dock worker and you walk backwards and accidentally fall off the loading platform and injure yourself. This could be a workers compensation injury. Some compensable workers compensation injuries/accidents are actually the injured workers fault and still be a work injury. > You are "out in the field" and you have an auto accidentand get injured, this is a work injury whether you were at fault or not. Your injury may take place at a location other than your worksite. > You are directing a forklift driver at a warehouse when suddenly the forklift driver runs into you and injures you. This could be a workers compensation injury. Your injury can be caused by a co-worker. > You have climbed a ladder to paint when suddenly the rung upon which you are standing breaks causing you to fall and suffer an injury. This could be a workers compensation injury. This could also be a third party liability case. > You stopped your machine to clear a jam on the assembly line when suddenly the machine restarts causing you to be injured. This could be a workers compensation injury. This could also be a third party liability case. > Your employer removed the safety guard on your machine which now allowed your hand to become mangled in the moving parts of the machine. This could be a workers compensation injury and may also give rise to an extraordinary remedy against your employer - Serious and Wilfull misconduct claim. > Your employer constructs scaffolding and your company also uses this scaffolding product to do certain jobs. You were standing on the scaffolding that your employer manufactures or constructs and it collapses causing you to be injured. This could be a 4 workers compensation injury. This may also result in a third party case against your employer as well as a workers compensation case. INJURIES CAUSED BY THE NEGLIGENCE OF OTHERS
> If you are involved in an auto accident while workig. This could be a workers compensation injury and a civil negligence case. > Contractors are working at your place of employment and leave tools around causing you to trip or fall and get injured. This could be a workers compensation injury and a third party civil liability case against the contractors. > Contractors are working at your place of employment and they erect a scaffold which later collapses causing you to injure yourself. This could be a workers compensation injury and a third party civil liability case against the contractors. > If a supplier salesperson verbally or sexually abuses you while you are working, this could be a workers compensation injury and a third party civil liability for sexual harassment agains the supplier. > There are too many other examples numerous to list. I fyou need help with your situation, We are here to help you. Call us to discuss your situation. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is a gradual injury?


A gradual injury is an injury that occurs over a period of time. It may be a short period of time or a long period of time depending upon the exposure (see below) or what is causing your symptoms. The exposure gradually causes physical, internal, mental inabilities, and/or emotional pain and/or other symptoms that you begin to notice thinking nothing of them initially and then gradually these symptoms begin to worsen, to interfere with your daily activities, to interfere with your work, and/or may even cause you to seek medical attention. Sources of Work Exposure that commonly cause work injuries > Repetitive activities or movements performed while doing your job duties > Continuous or repeated heavy lifting, pushing, or pulling > Repetitive movements of your arms, legs, neck, back, hands > Rapid movements with any part of your body > Maintaining awkward postitions for a long period of time > Sitting all day at a desk / work station causing symptoms > Poor air quality in the workplace > Long working hours or night working hours > Overwork > Verbal harassment from your supervisors or co-workers > Sexual harassment from your supervisors or co-workers > Stressful working conditions > There are too many other exposures which can cause work injuries. If you need help, we are here to help you. Call us at 1-800-666-6666. EXAMPLES OF GRADUAL INJURIES > Working at a conveyor belt and having to move your arms and hands quickly and repetitively leads to pain in your wrists and fingers, elbows, shoulders, and/or neck. This could be a workers compensation injury. > Standing at a conveyor belt for long periods of time which leads to pain or soreness in your feet, arches, knees, back and/or neck. This could be a workers compensation injury. > Sitting at a computer most of the day and having to twist your neck, type, and use the mouse which causes you to have neck, shoulder, and/or wrist-hand-thumb pain or eye problems. This could be a workers compensation injury. > Working as a loader/unloader lifting heavy items much of the day causing back, neck, hip, leg, knee, and/or shoulder pains. This could be a workers compensation injury. > Driving a big rig with a clutch which causes pain and symptoms in your knees, feet and/or your shifting arm. This could be a workers compensation injury. > Working in an area with poor ventilation causing respiratory problems. This could be a workers compensation injury. > Working around toxic fumes from paint, thinners, oil, fumes, chemicals, and other pollutants causing head aches, dizziness, abnormal twitching, lung problems, breathing problems, heart problems, internal problems. This could be a workers compensation injury. > Working in a stressful environment causing anxiety, panic attacks, depression, crying, fatigue, anger, resentment, lack of motivation, sleeplessness, loss of appetite. This could be a workers compensation injury. > Stress from too much work. This could be a workers compensation injury. > Stress from not being sufficiently trained to perform your job duties. This could be a workers compensation injury. > Stress from improper sexual comments, improper touching or jokes. This could be a workers compensation injury. > Stress from verbal harassment and discriminatory remarks. This could be a workers compensation injury. > Discrimination. This could be a workers compensation injury. > Stroke from stress or overwork. This could be a workers compensation injury. > Heart attacks from stress or overwork. This could be a workers compensation injury. > Diabetes from stress or not being able to eat on schedule. This could be a workers compensation injury. > Any ailment that you believe your working conditions have caused or made worse should be brought to our attention. Call 1-800-666-6666 for an appointment for a free no obligation consultation. We are here to help you.




What is an aggravation of a pre-existing condition?


An aggravation of a pre-existing condition can be a specific event or a gradual injury that causes further injury to either a previous injury or pre-existing medical condition. If your work duties or work environment cause a worsening of symptoms that you had before working for your employer or that you have had from causes other than your work, you probably have a work injury. Almost any medical condition can be aggravated by work. If you believe any medical condition you have/had was aggravated or worsened because of your work duties or environment, please let us know. The same types of exposures that cause a gradual injury may also cause an aggravation of a pre-existing medical condition. Sources of work aggravation of pre-existing medical conditions or injuries: > Repetitive activities or movements performed while doing your job duties. > Heavy lifting, pushing, or pulling > Repetitive movements of your arms, legs, neck, back, hands > Poor air quality in the workplace > Long working hours or night working hours > Overwork > Verbal harassment from your supervisors or co-workers > Sexual harassment from your supervisors or co-workers > Stressful working conditions > Many other scenarios > Employers requiring work in excess of your with work restrictions EXAMPLES AGGRAVATIONS OF PRE-EXISTING CONDITIONS > Working at a conveyor belt and having to move your arms and hands quickly and repetitively leads to pain in your wrists and fingers, elbows, shoulders > Standing at a conveyor belt for long periods of time which leads to pain or soreness in your feet or arches or knees or back > Sitting at a computer most of the day and having to twist your neck and type and use the mouse causes you to have neck and shoulder pain, or wrist-hand-thumb pain, or eye problems, > Working as a loader unloader and living heavy items much of the day causing back, neck, hip, and shoulder pains. > Driving a big rig with a clutch which causes pain and symptoms in your knees and feet and your shifting arm. > Working in an area with poor ventilation causing respiratory problems. > Working around toxic fumes from paint, thinners, oil, fumes, chemicals, and other pollutants causing head aches, dizziness, abnormal twitching, lung problems, breathing problems, heart problems, internal problems > Working in a stressful environment causing anxiety, panic attacks, depression, crying, fatigue, anger, resentment, lack of motivation, sleeplessness, loss of appetite. > Stress from too much work. > Stress from not being sufficiently trained to perform your job duties. > Stress from improper sexual comments or improper touching or jokes. > Stress from verbal harassment and discriminatory remarks. > Discrimination. > Stroke from stress or overwork. > Heart attacks from stress or overwork. > Diabetes from stress or not being able to eat on schedule. > Inability to obtain medical treatment for fear of losing your job > If any ailment that you believe your working conditions have caused or made worse, pease let us know be brought to our attention. Call 1-800-666-6666 for an appointment for a free no obligation consultation.





WHAT DO I DO WHEN INJURED

What should I do if I was injured while working?


If you are injured while working, we suggest you: 1 Immediately report your injury to your boss and/or human resources 2 Ask to see a physician 3 Obtain a claim form (DWC-1) from your employer 4 Keep a copy of all paperwork from your employer and from the physician you see 5 Hire an attorney. You will be in a better position if an attorney starts your case correctly. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What if my employer ignores me when I report my injury?


Unfortunately, we hear of this reaction all too frequently. It's time for you to consult with an attorney. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




Can my employer fire me if I have been injured?


It is illegal for your employer to fire you, demote you, reduce your hours, punish you, or discriminate you in any way because you file a workers compensation claim. Unfortunately, many employer's are either not aware of this law or choose to ignore it. It may be necessary to file a Petition for LC132(a) benefits. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.





I NEED TREATMENT

I need treatment, how do I get it?


Upon reporting your injury, your employer is obligated to refer you to a physician in your employer's Medical Provider Network (MPN) for consultation and treatment. Some employer's will offer you medical treatment, but if your employer does not volunteer to do so, then you need to affirmatively ask your employer to refer you to a doctor. If your employer refuses to send you to a doctor, ignores your request to see a doctor, or continually delays referring you to a doctor, then you should consult an attorney. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




Why can't I get medical treatment?


Don't be discouraged, an injured worker is generally entitled to medical treatment. Sometimes you must treat within the Medical Provider Network (MPN) of your employer. Sometimes you are able to select your own treating doctor, and sometimes you may be able to treat with your regular personal physician. Where you treat will depend on the facts of your particular case. If you need help, we are here to help you. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




My doctor is not treating all my body parts or complaints, what can I do?


It is important that all body parts injured are listed on your workers compensation claim form. You must also tell the doctor which body parts were injured and how they were injured. The doctor must have a basis upon which to base his Request for Authorization to treat your injuries. If you have listed all body parts on the claim form and have provided all your complaints to your doctor and you still are not getting treatment for all body parts, then you should consult an attorney. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




My doctor ignores my complaints, what can I do?


As an injured worker, if you believe that your doctor is not addressing your complaints and concerns, you may request a change of treating physician. The workers compensation insurance company adjuster must provide you with a list of available doctors. Although this procedure sound relatively simple, it does not always run as smoothly or automatically. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




My doctor is going to release me to return to work, but I cannot do it, what should I do?


If your PTP, primary treating physician, intends to release you to return to regular duties and you feel as though you are not able to perform your regular duties, we suggest you first talk to your PTP and voice your concerns. If the doctor still intends to release you and you are not able to perform your regular duties, you should consult an attorney. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.





DID YOU KNOW?

Did You Know?


1. You do not have to have a valid social security number to qualify for workers compensation benefts. 2 You do not need to have legal "papers" to qualify for workers compensation benefts. 3 You can be part-time and still qualify for workers compensation benefits. 4 You can be a seasonal worker and still qualify for workers compensation benefits. 5 You can sometimes sue your employer civilly and before the Workers Compensation Appeals Board 6 You can be an "independent contractor" and still qualify for workers compensation benefits. 7 You can work for a "family" and not a company and still qualify for workers compensation benefits. 8 Your employer/insurance company is required to pay for your initial medical treatment. 9 If your employer does not have workers compensation insurance you can qualify for workers compensation benefits. 10 You do not have to have an "accident" to qualify for workers compensation benefits. Please read the section DO I HAVE AN INJURY below. 11 Injured workers sometimes do not realize they had a workers ompensation injury as it is happening. Please read the section DO I HAVE AN INJURY below. If your employer claims you cannot have a claim because of these reasons, you should consult an attorney. If you need help, we are here to help you. Please call 1-800- 666-6666 for an appointment for a free consultation.




Shandler & Associates Offers a Fee Consultation


If you need an attorney for your injury, Shandler & Associates would like to help you. Shandler & Associates offers an appointment for a free consultation to discuss your particular injury. Please call 1-800-666-6666 and request a consultation.




Shandler & Assocciates only Charges a Fee when You receive compensation


Shandler & Associates handles your case without payment until such time as your case is resolved. At that time, Shandler & Associates usually requests 15% of all the benefits you have/will receive. All fees are reviewed and approved by the Workers Compensation Appeals Board (Court for Work Injuries). That means that Shandler & Associates works on a Contingency Basis which means If you do not receive any compensation, then Shandler & Associates does not receive any fees and does not charge any fees for which you are obligated to pay. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




An injured worker need not have legal "papers" to qualify for Workers Compensation Benefits.


Some injured workers believe that if they are not "legal" they cannot claim workers compensation benefits. However, this is not true. Any injured worker, legal or not, may make a claim for workers compensation benefits. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




You do not need a Social Security Number to qualify for Workers Compensation Benefits.


Many workers who are injured believe they are unable to make a workers compensation case because they do not have a Social Security Number, however, this is not true. You do not need a Social Security Number to qualify for workers compensation benefits. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




Part-time and seasonal workers can qualify for Workers Compensation Benefits.


Some injured workers believe they are precluded from claiming workers compensation benefits because they do not work consistently or do not work full-time, or only work for certain seasons of the year. This is not true. You may qualify for Workers Compensation Benefits if you are a seasonal worker, a parttime worker, or a temporary worker. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




An injured worker who is an "independent contractor" may qualify for Workers Compensation Benefits.


Some injured workers, because they are labelled "independent contractors," believe they cannot claim Workers Compensation Benefits. However, many injured workers who are labelled "iindependent contractors" are able to claim Workers Compensation Benefits. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




If your employer does not have Workers Compensation Insurance, an injured worker can still claim Workers Compensation Benefits.


Sometimes an injured worker's employer does not have insurance. The State of California has an Uninsured Employers Benefit Trust Fund which replaces the insurance company for the injured worker. Sometimes an employer tells an injured worker that the employer does not have Workers Compensation Insurance when in actuality, they do. If you have been told there is no insurance to cover your injury, you should consult legal counsel. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




When you suffer a workers compensation injury, your employer must pay for your initial medical treatment.


After you report a work injury, your employer must pay for your initial medical treatment up to $10,000.00 before a claim is denied. Employers are not always willing to send injured workers to a medical facility to receive treatment after an injury. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




If are an injured worker and you work for a "family" and not a company, you may still qualify for Workers Compensation Benefits.


Some injured workers believe that if they work for a "family" at their home that they are not qualified to received Workers Compensation Benefits. However, this is not true. If you are injured while working for a family in the home, you may qualify for Workers Compensation Benefits. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




Not all work injuries are "accidents". Some injuries happen slowly over time.


There are two types of injuries: 1) a sudden event or what's commonly called an "accident" or an "incident" 2) a gradual injury (like wear and tear) which happens little by little over time until the worker feels aches and pains and does not realize why. Each type of "injury" are equally valid. If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




If pre-existing medical conditions or symptoms are made worse by your work, the worsening may qualify as a work injury for which you may receive Workers Compensation Benefits.


Some injured workers may have had symptoms in a body part, for example in their right knee, before they began working for their current employer, a trucking company. However, over time, the worker's right knee symptoms increased as he used his right foot to repeatedly depress the accelerator and then the brake and climb in an out of the truck. The increase in his right knee symptoms may qualify for a work injury. This is an aggravation of a pre-existing condition. This can happen with stress, heart disease, high blood pressure, etc If you have questions about your injury, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.





WORKERS COMPENSATION BENEFITS

What normal Workers Compensation Benefits are available to injured workers?


The five basic Workers Compensation Benefits are: 1 Temporary Disability 2 Medical treatment 3 Permanent Disability 4 Rehabilitation Voucher 5 Death Benefits Extraordinary Workers Compensation Benefits are: 1 LC132(a) Discrimination Claim (this is not civil discrimination) 2 Serious and Willful claims alleging your employer put your safety at risk 3 Subsequent Injuries Fund. A state fund which compensates an injured worker at a higher level if certain requirements are met. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is Temporary Disability?


Temporary disability is a benefit which replaces your income on a temporary basis while you are treating with your primary treating physician and while you are not working. Both conditions must be met to obtain temporary disability. Tempoary Disability is generally 2/3 of your gross wages up to a maximum. These is also a minimum rate as well. The workers compensation insurance company will pay this benefit to you if your case is admitted. If your case is denied, then you will need to apply for state disability through the Employment Development Department (EDD). If you qualify, then EDD will pay you in place of the workers compensation insurance company if you meet EDD's requirements. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is the medical benefit?


Injured workers necessarily need medical treatment to help "cure or relieve" from the effects of the injury. The workers compensation insurance company is obligated to pay up to $10,000.00 for medical treatment while the workers compensation insurance company is investigating your claim of a work injury. If the workers compensation insurance company admits your case, then they will be obligated to provide reasonable and necessary treatment as determined by your primary treating physican, utilization review, and/or independent medical review. Sometimes your primary doctor is not treating all injured body parts and sometimes does not refer you to doctors in other specialties to fully evaluate your claim and/or injury. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is permanent disability?


The goal of the workers compensation law is to rehabilitate the injured worker to enable him to return to work and recover as much as reasonably possible. Sometimes the doctors are not able to cure an injured worker to his/her full capacity. To the extent that the doctors are unable to cure an injured workers medical condition, the injured worker is compensated for his permanent disability pursuant to a formula applied to the AMA guidelines whole person impairment. So in a nutshell, the injured worker's permanent disability compensation is based upon what symptoms and conditions remain after the injured worker has received treatment. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is a rehabilitation voucher?


Depending on the date of injury and the facts of the injured worker's particular injury, an injured worker may receive a $6000.00 supplemental job displacement benefit (SJDB) voucher. The injured worker can then use this voucher to obtain training into a vocation or to obtain skills necessary to transition into a new job title. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is a death claim?


If an injured worker should die as a result of a work injury (specific, gradual, or aggravation) within 240 weeks of the injury, a dealth claim may be brought against the employer within 1 year from the date of death. A death claim provides burial expenses and scheduled benefits to dependents and minor children. If a loved one has passed at least partially due to a work injury and you need help, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




Why are some benefits called extraordinary benefits in workers compensation?


Each extraordinary benefit claim is usually a mini-case within an injured workers case for the normal benefits of workers compensation. A separate Petition must be filed. For normal workers compensation benefits, the system is no fault meaning that as long as your injury occurred during the course of your employment or arising out of your employment (AOE/COE) it does not matter who was at fault. The injured worker may be totally at fault and he would still receive workers compensation provided the injury was AOE/COE. However, in an extraordinary mini-case, the injured worker must prove, by a preponderence of the evidence, the facts of the claim in order to prevail. The extraordinary benefits in workers compensation are LC132(a) discrimination claims, Serious and Willful Claims, and Subsequent Injuries Fund cases. If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is a LC132(a) claim?


A LC132(a) claim is a mini-claim (extraordinary benefit) within the case for the normal benefits of Workers Compensation which claims that some type of discriminatory action was taken against you individually because you filed a workers compensation claim. If an injured worker prevails on a LC132(a) claim, then the injured worker may receive a permanent disability increase and reimbursement of lost wages. If you feel as though your employer has discriminated against you in some way because you filed a workers compensation claim or if you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is a Serious and Willful claim?


If an injured worker's employer made the injured worker's job more dangerous to perform and that action or inaction was a cause of the injured worker's injury, then the injured worker may be entitled to an increase in permanent disability benefits. Examples of actions or inactions which may make an injured workers job more dangerous to perform include (but there are many others): 1 Modifying machinery 2 Providing vehicles in ill-repair 3 Not providing safety equipment for particular tasks 4 Not instructing the injured worker the correct method of performing a task 5 Providing the injured worker incorrect instructions on how to perform a task 6 Failing to provide assistance to an injured worker to do particular tasks 7 Violating OSHA regulations 8 And others... If you believe that your employer made your job more dangerous and that helped to cause your injury or If you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.




What is a Subsequent Injuries Benefit Trust Fund claim?


Some injured workers have suffered previous workers compensation cases or have had other pre-existing medical conditions which resulted in a certain level of permanent disability. If an injured worker suffers a substantial new injury resulting in a level of permanent disability 35% or over and which combined with the old permanent disability results in overall disability of 70% or more, then the injured worker may obtain increased benefits from the Subsequent Injuries Benefit Trust Fund (SIBTF). However, if an injured worker suffers an industrial injury resulting in 5% disability in an opposing body part, then the injured worker may qualify for SIBTF benefits. A partial list of an opposing body part are: > previously injured right eye with new injury to left eye > previously injured left shoulder with new injury to right shoulder > previously injured right knee with new injury to left knee If you believe you may be entitled to a SIBTF benefit or if you have questions about your injury, your rights, and/or benefits, we are here to help you. Please call 1-800-666-6666 for an appointment for a free consultation.





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We are located in the greater Los Angeles Area in Southern California and accept cases throughout the State of California only.

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This legal notice is required by LC5432(a): Notice: "Making a false or fraudulent worker's compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000.00 or double the value of the fraud, whichever is greater, or by both imprisonment and fine."

Este aviso legal es requerido por LC5432 (a): Aviso: "Realizar un reclamo de compensación de trabajador falso o fraudulento es un delito grave sujeto a hasta 5 años de prisión o una multa de hasta $ 50,000.00 o el doble del valor del fraude, cualquiera que sea mayor o por prisión y multa ".

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Any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers'  compensation benefits or payments is guilty of a felony.

Toda aquella persona que a propósito haga o cause que se produzca cualquier declaración o representación material falsa o fraudulenta con el fin de obtener o negar beneficios o pagos de compensación a trabajadores lesionados es culpable de un crimen mayor “felonia”.

*The results obtained in each case  are different.This does not constitute a guarantee of the results which may be obtained in your particular matter. This website constitutes attorney advertising. Shandler & Associates is a for profit organization and is not a charitable organization. 
Any Spanish translation is provided for the User's convenience. Shandler & Associates does not guarantee the accuracy of the Spanish translation. User's must only consider the English version only.

© 2017-2020 Shandler & Associates. All rights reserved.  All trademarks and registered trademarks are exclusively licensed to Shandler & Associates . The images are copyrighted by others and used with permission. Iimages are staged incidents for demonstration. All statements made herein are the  personal opinions of the author. By use of thise website, you understand and agree that any information provided to us via this website is not confidential and that no attorney client relationship is formed. Please read the Disclaims and Terms of Use and Privacy Statements. No statements made herein are legal opinions and/or are medical opinions. Attorneys licensed in California only and accept and solicit only California cases.                         

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* Los resultados obtenidos en cada caso son diferentes. Esto no constituye una garantía de los resultados que pueden obtenerse en su caso particular. Este sitio web constituye publicidad de abogados. Shandler & Associates es una organización con fines de lucro y no es una organización caritativa.
Cualquier traducción al español se proporciona para la conveniencia del Usuario. Shandler & Associates no garantiza la precisión de la traducción al español. El usuario solo debe considerar la versión en inglés solamente.
© 2017-2020 Shandler & Associates. Todos los derechos reservados. Todas las marcas comerciales y marcas comerciales registradas tienen licencia exclusiva para Shandler & Associates. Las imágenes son propiedad de terceros y se utilizan con permiso. Las imágenes son incidentes escenificados para demostración. Todas las declaraciones hechas en este documento son opiniones personales del autor. Al usar este sitio web, usted comprende y acepta que cualquier información que nos proporcione a través de este sitio web no es confidencial y que no se forma una relación de abogado y cliente. Lea las Renuncias y los Términos de uso y las Declaraciones de privacidad. Ninguna declaración hecha aquí son opiniones legales y / u opiniones médicas. Los abogados con licencia solo en California aceptan y solicitan solo casos de California.

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