San Jose Workers' Compensation Lawyer

At Attorney Jeff, we have extensive experience serving injured workers throughout the Bay Area, Silicon Valley, and Santa Clara County, positioning us as local experts who understand the unique challenges of the work comp claims process.

Our dedicated San Jose workers’ compensation lawyers are here to fight for your rights and ensure you receive every benefit you’re entitled to under California law. The complex claims process in California can make securing benefits difficult, but with our legal guidance, clients can confidently pursue the compensation they deserve.

Call (409) 449-6897 for a free, confidential consultation. Our legal team is available 24/7 to answer your questions.

What Is Workers’ Compensation?

Workers’ compensation is a no-fault insurance system offering medical benefits and wage replacement for employees with work-related injuries or illnesses.

California law typically requires employers to carry workers’ comp insurance, covering medical treatment, temporary or permanent disability benefits, supplemental job displacement benefits, and death benefits for fatal workplace injuries.

Temporary disability benefits may also be available to provide partial wage replacement while in recovery. This is typically calculated at two-thirds of the average weekly wage, so employees can receive treatment and maintain financial stability.

A crucial aspect of California workers’ compensation law is that employees do not need to prove fault to receive benefits. Therefore, whether the injury resulted from an accident, repetitive stress, exposure to harmful substances, or an occupational disease, compensation should still be available.

Common Workplace Injuries in San Jose, CA

Our firm has represented clients across industries, including technology, manufacturing, healthcare, retail, and construction. Due to the variety of occupational hazards each job can bring, common injuries often include, but are not limited to:

Repetitive Stress Injuries (RSIs): Common for office and warehouse workers and caused by repetitive stress, impacting joints, hands, wrists, feet, back, and neck, resulting in chronic pain, carpal tunnel syndrome, tendonitis, or severe disability
Back and Spine Injuries: Caused by lifting, carrying, or heavy physical labor, including herniated discs, muscle strains, and chronic pain, necessitating surgery and extensive rehabilitation
Neck Injuries: Workplace accidents, repetitive motion, or equipment malfunctions resulting in neck injuries, significant pain, and long-term disability
Construction Accidents: High risk for serious injuries for construction workers due to falls, equipment malfunctions, and struck-by accidents
Slip and Fall Accidents: Common in service and hospitality, causing broken bones, fractures, sprains, traumatic brain injuries, and spinal cord damage
Occupational Illnesses: Prolonged exposure to hazardous materials, resulting in occupational diseases, respiratory illnesses, cancers, lung disease, hearing loss, and heart disease
Transportation and Warehouse Injuries: Typical motor vehicle accident injuries, such as broken bones, traumatic brain injuries (TBIs), burns, scarring, or other traumatic injuries
Workplace Violence Injuries: Injuries from physical altercations or assaults in various job settings

Medical care for work-related injuries and illnesses often requires hospital stays, doctor visits, and physical therapy. The associated medical costs are the employers’ responsibility, but injured workers often face obstacles in California’s workers’ compensation system, including denied claims, delayed benefits, and insufficient settlement offers.

According to the U.S. Bureau of Labor Statistics, private industry employers reported approximately 2.6 million nonfatal workplace injuries and illnesses nationwide in recent data, highlighting how common these incidents remain despite safety regulations.

Why You Need a San Jose Workers’ Compensation Attorney

While California’s workers’ compensation system is designed to protect injured workers, navigating the complex claims process, dealing with insurance companies, and securing fair compensation can feel overwhelming. Investing in experienced legal guidance simplifies these processes and offers the following benefits.

Maximizing Work Comp Benefits

Workers’ compensation benefits should cover medical care, temporary and permanent disability payments, job displacement vouchers for retraining, and death benefits. An experienced attorney is crucial to securing these benefits and other financial support

Handling Claim Denials

Insurance companies justify denying claims by disputing whether the injury is work-related, alleging pre-existing conditions, or claiming missed filing deadlines, often arguing that the injury was not caused by an on-the-job accident.

An experienced attorney can appeal a denied claim by filing an application for adjudication with the Workers’ Compensation Appeals Board (WCAB). The complex process involves building a strong case, scheduling a mandatory settlement conference, and potentially going to trial if a settlement is not reached.

Navigating Complex Medical Issues

Serious workplace injury cases qualifying for permanent disability benefits are determined by a doctor-assigned permanent disability rating after maximum medical improvement (MMI). This rating is a numerical estimate of your impairment and its effect on your ability to work.

Our firm utilizes qualified medical evaluators, independent medical examiners, and specialists to provide expert opinions supporting the validity of claims and the need for benefits.

Protecting You from Retaliation

California law prohibits employers from retaliating against employees who file workers’ compensation claims. Unfortunately, some workers face discrimination, reduced hours, demotions, or even termination after reporting workplace injuries.

If experiencing retaliation, our firm will assist in pursuing additional legal action that protects clients’ employment rights.

The Workers’ Compensation Claims Process

Understanding the workers’ compensation claims process is essential for taking the correct steps from the start.

1. Report the Injury

Immediately report the incident and sustained workplace injury to a supervisor. While California law allows up to 30 days for notification, reporting as soon as possible is always recommended to avoid future complications.

2. Receive and Submit Claim Form

Employers are legally required to provide a claim form (DWC-1) within one working day of being notified. Complete and return this form to a supervisor as soon as possible.

3. Claim Review and Initial Treatment

Once the insurance company receives the completed form, it has 14 days to accept or deny the claim. During this review period, the insurance company must authorize up to $10,000 for necessary medical treatment.

4. Outcome

Accepted Claim: If a claim is accepted, the employee will receive ongoing medical care and appropriate disability benefits.
Denied Claim: If the claim is denied, the employee retains the right to appeal this decision and request a formal hearing.

The Importance of Documentation

Maintain thorough records of all medical treatments, employer/insurer communications, injury expenses, and the injury’s impact on daily life. This evidence is vital to strengthen a claim and maximize compensation.

Insurance Company Interactions

Insurance companies are businesses first, and their primary goal is to limit the amount they pay out in workers’ compensation benefits. This can leave many injured workers feeling frustrated and unsure of how to respond when their needs are questioned or their claims are delayed.

Insurance carriers use a variety of tactics to minimize compensation, such as disputing the severity of the injury, questioning whether the injury is work-related, or offering settlements that fall short of covering the full extent of medical bills and lost wages.

If you’re struggling with insurance company delays, denials, or undervalued benefits, a knowledgeable San Jose workers’ compensation lawyer can advocate for you.

Third-Party Claims and Additional Compensation

In addition to workers’ compensation benefits, injured workers may also have claims against a third party (e.g., equipment manufacturer, subcontractor, negligent driver) who contributed to their injuries.

A personal injury lawsuit can be filed against these third parties, ensuring the injured party is appropriately compensated, especially for damages that standard workers’ comp benefits do not cover.

Why Choose Attorney Jeff for Your Workers’ Compensation Case

When you’re injured at work, you need an attorney who will prioritize your recovery and financial security.

Our San Jose workers’ compensation practice is built on personalized attention, aggressive advocacy, and proven results. We handle all aspects of your claim so you can focus on healing.

We offer free initial consultations to evaluate your case, and we work on a contingency fee basis, so you don’t pay attorney fees unless we recover compensation on your behalf.

Address: 66 E. Santa Clara St., Suite 4, San Jose, CA 95113
Phone Number: (409) 449-6897

Our firm understands the local San Jose employment landscape, maintains relationships with medical professionals who treat workplace injuries, and has extensive experience navigating California’s workers’ compensation system.

Contact a San Jose Workers’ Compensation Lawyer Today

If you’ve been injured at work, don’t wait to seek legal help. Critical deadlines apply to workers’ compensation claims, and early legal intervention often leads to better outcomes.

Contact Attorney Jeff today for a free consultation about your workplace injury case. Let us fight for the benefits and compensation you deserve. Jeff’s got you.

Our Personal Injury Law Firm’s Other Locations

Our personal injury law firm serves the Santa Clara County community, as well as the following Southern and Northern California communities.

Our California Law Firm’s Other Practice Areas

Our award-winning personal injury law firm also specializes in the following practice areas:

San Jose Workers’ Compensation Lawyer