San Diego Workers’ Compensation Attorneys Protecting Injured Workers In Southern California
A work injury can leave you with significant hardships, including steep medical bills, lost time from work and even disability. California workers’ compensation law is there to help you overcome these challenges, but the course of a claim does not always run smoothly.
Employers, and the insurance companies that represent them, are often quick to delay, limit or even deny a claim, leaving the injured worker without the benefits they need. This is why it is so important to have an experienced workers’ compensation lawyer protecting your rights. At Overholt & Cremeans, APC, we provide skilled workers’ compensation representation to injured workers in San Diego and throughout Southern California. With almost 40 years of combined legal experience, our attorneys have the experience and knowledge to pursue the best possible outcome for your claim.
Your Ally For A Complex Process
Led by attorney Overholt, we represent injured workers from all walks of life and all types of occupations. He will guide you through all aspects of the workers’ compensation process, including:
- Understanding the types of available benefits
- Navigating the independent medical review process
- Compiling medical evidence
- Transitioning from temporary to permanent disability benefits
- Answering your questions about workers’ compensation in California
Whether you are filing your initial claim or appealing a denied claim, our law firm is here to make a positive difference in your case.
Work Injuries We Handle In San Diego
The work injuries we take include, but are not limited to:
- Back and spinal injuries
- Shoulder and rotator cuff injuries
- Knee and joint injuries
- Repetitive stress and cumulative trauma injuries
- Construction accident injuries
- Occupational illness and toxic exposure injuries
- Burn injuries
- Psychological and stress injuries
- Head and traumatic brain injuries (TBI)
If you do not see your injury listed above, please contact us to find out how we may be able to help you.
San Diego Industries We Represent
There is a broad range of industries in Southern California, and we take cases regarding a variety of jobs that include:
- Construction and contracting
- Military and defense contractors
- Healthcare and medical
- Hospitality and tourism
- Trucking, delivery and transportation
- Warehouse and logistics
- Agriculture
- Biotech and life sciences
In addition, we represent people in offices and on assembly lines who have carpal tunnel syndrome from typing or from other repetitive movement.
Help When Your Claim Is Denied Or Delayed
It is not unusual for employers and their insurers to deny or delay a workers’ compensation claim. Some of the reasons they deny or delay claims are:
- Denying that the injury is work-related
- Denying that the injury happened
- Claiming that the workers’ compensation paperwork was filed late
- Blaming the accident on the worker
- Alleging drug or alcohol use
If your claim is delayed, the Workers’ Compensation Appeals Board (WCAB) has processes for forcing the employer/insurance company to proceed with the claim. They can monitor the progression of your claim and note any statutory deadlines that have been missed. The WCAB can also enforce procedural rules. Additionally, the WCAB has judges who can impose new deadlines and strike late filings.
Can Your Employer Legally Retaliate Against You?
No, California Labor Code § 132a makes it illegal for your employer to retaliate against you because you filed a workers’ compensation claim. It is also illegal for them to terminate you for filing a claim. We understand that this is a concern, but you can take action against your employer if they retaliate, and we can help.
Workers’ Compensation Frequently Asked Questions
Below are answers to questions we commonly receive about workers’ compensation. Let us know if you have additional questions.
What should I do if I have been injured at work?
First of all, ensure your safety by removing yourself from harm’s way and, if necessary, obtaining emergency medical treatment. Report the accident to your employer as soon as possible. Fill out a workers’ compensation claim form and give it to your employer. If you do not act within 30 days of your accident, you could lose your eligibility for benefits.
What benefits am I entitled to?
Workers’ compensation law provides benefits for medical treatment, wage loss, temporary and permanent disability, rehabilitation, and vocational training. The specific benefits you are entitled to depend upon the nature and extent of your injury. When accidents are fatal, workers’ compensation law provides death benefits to surviving family members.
How do I know if my medical treatment is covered?
Disputes regarding the necessity of medical treatment are resolved by physicians through a process called independent medical review. If you disagree with the decision, you have the right to contest it.
What if my workers’ compensation claim is denied?
Do not despair if your claim is denied. You may file an appeal with a workers’ compensation judge. An experienced lawyer can help you make the most of your appeal, compiling medical documentation, witness testimony and other evidence that supports your claim. Learn more about our attorney’s experience in trials and appeals.
Can I also file a personal injury claim?
If your injury was caused by a negligent third party, you may pursue personal injury compensation in addition to your workers’ comp benefits. Examples of third-party accidents include motor vehicle accidents while performing work duties or injuries caused by faulty machinery and equipment.
Speak With An Attorney Who Knows How To Get Results
If an on-the-job injury has left you unable to work, Overholt & Cremeans, APC, is here to help you fight for the workers’ compensation benefits you need and deserve. To arrange a free initial consultation with our experienced workers’ comp attorney in San Diego, contact us online or by telephone at 619-908-1563.