Our Bakersfield workers’ compensation lawyers know there are many different types of accidents that happen in the workplace and cause workers to suffer injuries that make them eligible for workers’ compensation benefits. Some common examples include:

These range from slipping on a wet or slippery surface to falling from high off the ground at a construction site or in a factory. These can also be caused by malfunctioning or defective machinery that knocks a worker to the ground. These accidents could result in head injuries, brain injuries and ligament damage.

Workers who are regularly near high voltage are at risk for electric shock that can cause severe or life-threatening injury. These accidents could be caused by exposed wiring, faulty safety equipment or failure of the employer to institute proper safety procedures. Electrocution can result in severe burns that cause damage to muscle and bone.

Workers who are exposed to flammable liquids and other materials capable of igniting are at risk of getting burned. Explosions often occur because of poor maintenance or failure to follow safety procedures. These could cause permanent injuries like blindness or third-degree burns.

Workers who operate motor vehicles could be involved in motor vehicle accidents. Workers can also get hit or run over by motor vehicles, like dump trucks or other vehicles involved in construction.

Police officers, corrections officers and others working in law enforcement have a high risk of being victims of violence on the job. Police officers could get seriously injured by a suspect and corrections officers could get injured by prisoners and others who are going through the criminal justice system. Injuries could range from bruises and lacerations to gunshot wounds and stabbing.

These involve workers being struck by an object or pinned between objects or an object and a wall. These accidents can cause broken bones, lost limbs and other serious injuries.

Poor safety procedures, lack of safety equipment or carelessness by other employees could expose workers to toxic substances. For example, you could get injured when a toxic substance splashes on you.

Some injuries are not caused by one incident; they are the result of years of exposure to dangers or repetitive activities. These are called occupational diseases and workers contract them as a consequence of their work.

For example, some workers suffer back problems because of repetitive activities, like standing, lifting, climbing or picking up heavy objects. Some workers develop long-term or life-threatening illnesses like cancer because they were exposed to toxic substances. Workers may be able to obtain compensation for carpal tunnel if they do a lot of typing that can damage ligaments. If the disease was caused by your job, you may be entitled to workers’ compensation benefits.

If you were injured on the job, our Bakersfield workers’ compensation attorneys may be able to help you obtain workers’ compensation benefits.

Our Bakersfield workers’ compensation lawyers know that there is a lot of confusion and uncertainty after a workplace accident. Workers are often unsure of what to do and how to report the injury.

It is best to report what happened to your supervisor or someone else in a management position as soon as possible. If you have an occupational disease, report it as soon as you determine or have reason to believe it was caused by your job.

You have up to 30 days to notify your employer that you were hurt at work, but it is best not to wait. If you wait, it will take longer to receive benefits and it might make your employer or its workers’ compensation insurance company suspicious that you are just trying to get money. You could increase the likelihood your claim will be denied. If you do not notify your employer within 30 days of the injury, you may lose your right to benefits.

If the injury is an emergency, call 9-1-1 or go to the emergency room immediately. Tell the treating doctors that your injury is related to your job.

State law requires employers to give or mail you a Workers’ Compensation Claim Form (DWC 1) within one working day of being notified of your injury. If you do not receive a form, you can contact Information & Assistance Services to find out how to obtain one. You can call the number for the officer at your district office.

Once you have the form, fill out the employee portion and be thorough. Describe your injury and all the ways it is affecting you. Make sure to file the form right away, waiting could cause problems later on in the process.

Once you file the form, your employer must fill out its portion of the form and send it to a claims administrator. State law requires the administrator to decide within a reasonable amount of time whether to accept or deny your claim. In most cases, if you do not hear anything after 90 days, your claim is considered to be accepted.

Within one working day after the employer receives the form, the employer or its workers’ compensation insurance company must authorize up to $10,000 for treatment that is reasonable and necessary while the claims administrator is making a decision about your claim. The employer must pay your expenses, up to $10,000 until the date your claim is denied, if it is denied. If your claim is not denied, you will continue to receive compensation for medical expenses.

Even if your claim is approved, you might be receiving less benefits than you feel you deserve. When this happens, you may be able to negotiate with the claims administrator and reach a settlement.

One of the advantages of working with a lawyer is that he or she can review your situation to determine what a fair settlement would look like. He or she can also represent you at settlement proceedings and advocate for all the benefits you deserve.

There are two types of workers’ compensation settlements:

This occurs when the employee and employer agree on a weekly amount of benefits (temporary or permanent disability benefits). Claims administrators usually agree to pay for medical care if it is still necessary.

This is where an employer pays a lump sum settlement and there are no weekly benefits. The lump sum takes into account the estimated cost of future medical care. The employee will be financially responsible for his or her own medical treatment from that point forward.

Whatever the terms of the settlement, it must be approved by a workers’ compensation judge.

Your Bakersfield workers’ compensation attorney can help you determine the best option in your case.

If you disagree with the judge’s decision, you have just 20 days from the date you received it to file a Petition for Reconsideration with the WCAB. If the decision was mailed to you, you must file an appeal within 25 days of the date of the decision, which is written by the judge’s signature.

When you fill out the petition, make sure to list all your reasons for the appeal and the issues you have with the decision. Be sure to include any new evidence that you could not have discovered before you filed your original claim. Explain why you disagree with the judge’s decision.

This is one of the main areas where a Bakersfield workers’ compensation lawyer can help. He or she can work to ensure your petition includes all relevant information for the appeals board to consider.

After receiving your petition, the appeals board has 60 days to accept or deny it. If the board does nothing within 60 days, you should consider the petition to be denied. If the petition is accepted, the board will decide whether to affirm or reject the appeal or amend the judge’s decision.

If you present new evidence, the board will likely schedule a hearing to review it. After the hearing, you will receive a decision in the mail.

If your appeal is unsuccessful, you can appeal to the state appellate court for a writ of review. However, all the appellate court can do is consider whether the appeals board decision was reasonable, based on the facts presented. You have 45 days from the decision on your petition to file for a writ of review. Unfortunately, appellate courts rarely overturn decisions by the appeals board.

The next step is to appeal to the California Supreme Court. Unfortunately, the state supreme court often decides not to hear workers’ compensation appeals.