Workplace accidents never seem to come to an end and this is certainly the case in San Jose, one of California’s busiest cities. If you have been injured in an accident in your workplace in San Jose under the Workers Compensation Act of California you have a right to claim some benefits. Your employer must, by law, provide the cost of medical treatment and pay you other workers' compensation benefits, which include a proportion of your lost wages while you are unable to work. Employers may pay you your entitlements without you having to do anything yourself. However, there are times when an employer is not so eager to pay out your workers’ compensation. If this happens you should contact a workers’ compensation lawyer in San Jose to help you get your entitlements. If workers’ compensation has been denied you may have the grounds to file a personal injury claim. Choosing a Workers’ Compensation Attorney in San Jose The most important thing to remember when choosing a workers’ compensation or personal injury lawyer in San Jose is to choose one that has had recent success in winning compensation claims. You have over 150 to choose from in San Jose, so you need to be quite careful who you choose. Workplace Injuries in San Jose Even what seems to be safe workplace has accidents from time to time, but there are some workplaces that are typically not as safe as others. In San Jose the most likely industries that have accidents are construction and transportation according to the Bureau of Labor Statistics updated databank*. Construction sites are notorious for accidents as there are often so many different people involved who may be contractors or individual employees hired by the construction site owners to do various jobs. The sorts of accidents most common are falling from a height from scaffolding and loads falling out of cranes. When it comes to transportation there are so many possible reasons for accidents, which could be defective parts such as those installed on brakes and poorly trained drivers who aren’t competent enough to control big rigs. If you are injured while employed in either of these industries in San Jose you may be able to get some financial assistance from workers’ compensation. If you are denied this benefit you may still be able to file a personal injury claim which if eligible should cover you for any loss of earnings and medical treatment. The Workers’ Compensation Process in San Jose As with anywhere in California, you will need to contact the Division of Workers' Compensation (DWC), which offers administrative and legal services in connection with workers' compensation claims. California employers are by law required to hold workers' compensation insurance, even if only a single employee makes up their workforce. They are required to provide compensation for loss of earnings and medical treatment. An employee has 12 months from the date of the accident to file the claim. If a workers’ compensation claim is denied you may wish to file a personal injury claim, you are given 2 years from the accident date to do so. Your personal injury lawyer in San Jose will decide which route you should take to win a satisfactory claim. Use a Free Claim Evaluation to Find a Suitable Lawyer Once you have decided which claim is appropriate for your needs you can access a San Jose workers’ compensation lawyer by completing our free claim evaluation form on this page. Start your claim as soon as you can otherwise you will find the statute of limitations will prevent you getting the compensation you deserve. *Source: dir.ca.gov/oprl/Injuries/2015/2015Table2.pdf Additional Resources What Is The Workers’ Compensation Filing Process In California? Was Your Claim Denied in California? Workers' Compensation Attorneys in California
