FAQ

Liability in brain injury cases depends on the circumstances of the accident. Potential liable parties include:

• Negligent drivers in car or motorcycle accidents.
• Property owners in cases of slip and falls due to unsafe conditions.
• Employers in cases of workplace accidents.
• Product manufacturers, if a defective product caused the brain injury.

An experienced brain injury attorney will investigate the case to determine all responsible parties and seek compensation from each.

The compensation you may recover depends on the severity of the brain injury and its impact on your life. Severe injuries that result in long-term or permanent disabilities generally result in higher compensation to cover medical expenses, lost wages, pain and suffering, and other damages.

If you suspect a brain injury, seek immediate medical attention. Brain injuries can worsen over time if left untreated, and early intervention is critical. After seeking medical care, it’s important to contact a brain injury lawyer who can evaluate your case and help you pursue compensation.

Yes. Some brain injuries, particularly concussions or mild TBIs, may not present symptoms immediately. As long as you file a claim within the statute of limitations, you can seek compensation for any injuries and complications that arise after the accident.

A wrongful death occurs when someone’s death is caused by the negligence, recklessness, or intentional misconduct of another party. Common examples include fatal car accidents, medical malpractice, and workplace injuries.

Liability in wrongful death cases can extend to various parties depending on the circumstances of the case:

• Negligent drivers in fatal car, truck, or motorcycle accidents.
• Medical providers in cases of medical malpractice.
• Employers or property owners in cases of workplace fatalities or premises liability.
• Manufacturers of defective products that caused fatal injuries. An experienced attorney will investigate to identify all parties responsible for your loved one’s death.

The length of a wrongful death case depends on several factors, including the complexity of the case and whether it settles out of court or goes to trial. Some cases may resolve within several months, while others could take over a year, particularly if liability is disputed or significant damages are sought.

If you believe you have a wrongful death claim, it’s important to:

• Contact an experienced attorney who can assess the circumstances and provide legal guidance.
• Collect and preserve any evidence related to the incident, such as medical records, police reports, or witness statements.
• Avoid speaking with insurance companies or signing any settlement offers without legal representation.

The most common causes include drivers failing to see motorcyclists, unsafe lane changes, left-turn accidents, speeding, and distracted driving. Lane-splitting accidents, while legal in California, can also lead to crashes when drivers aren’t aware of motorcycles sharing the lane.

Several parties can potentially be held liable in a motorcycle accident, including:

• The driver of the vehicle that hit you, if they were negligent or reckless.
• The motorcycle manufacturer, if a defect in the bike contributed to the crash.
• The government, if road hazards like potholes, poor signage, or dangerous road conditions were factors in the accident.

The value of your case depends on the severity of your injuries, the cost of your medical treatments, and the impact the accident has on your ability to work and live your life. Serious injuries often lead to higher settlements or verdicts because of the extensive medical care and long-term consequences involved.

Most motorcycle accident cases settle out of court, but if the insurance company does not offer a fair settlement, we are prepared to take your case to trial. At Alvandi Law Group, P.C., our attorneys have the courtroom experience needed to win cases in front of a jury.

After a motorcycle accident, you should:

• Seek medical attention immediately, even if you don’t feel seriously injured.
• Collect evidence at the scene, including photos of the vehicles, damage, and injuries, as well as contact information from witnesses.
• File a police report to document the incident.
• Contact an attorney as soon as possible to protect your rights and begin the legal process.

Motorcyclists often suffer serious injuries, including road rash, broken bones, traumatic brain injuries (TBI), spinal cord injuries, and internal injuries. Because motorcyclists are more exposed than car drivers, the risk of catastrophic injuries is much higher.

Common causes include driver fatigue, speeding, improper vehicle maintenance, and overloaded or improperly loaded cargo. The high volume of commercial traffic on roads like the I-5 and I-405 also contributes to frequent collisions involving trucks.

Liability in truck accidents can extend beyond just the truck driver. Other parties that may be held liable include:

• The trucking company for improper hiring practices, training, or vehicle maintenance.
• The cargo loaders if the accident was caused by improperly loaded cargo.
• The vehicle manufacturer if a defect in the truck contributed to the accident.
• Third-party maintenance providers if negligent truck repairs or maintenance contributed to the crash.

Our attorneys will investigate to determine which parties should be held accountable.

The value of your case depends on the extent of your injuries, the costs of your medical treatment, and the impact the accident has on your life. Severe injuries typically result in larger settlements or verdicts to cover long-term medical expenses, lost wages, and pain and suffering.

Many truck accident cases settle outside of court. However, if a fair settlement cannot be reached, we are prepared to take your case to trial to secure the compensation you deserve. Our attorneys have significant trial experience and won’t hesitate to fight for you in court.

After a truck accident, it’s important to:

• Seek immediate medical attention for any injuries.
• Collect evidence at the scene, including photos, witness statements, and police reports.
• Contact an experienced truck accident attorney who can begin investigating the case and dealing with the trucking company’s insurance team.

In Orange County, common causes of car accidents include distracted driving, speeding, reckless driving, and DUI. Heavy traffic on roads like the I-5, I-405, and Pacific Coast Highway also contributes to accidents.

After a car accident, prioritize your safety and health by seeking medical attention, even if you feel fine. You should also gather evidence at the scene by taking photos, collecting contact information from witnesses, and filing a police report. Once these steps are done, it’s critical to speak with an attorney as soon as possible.

Yes. California follows a comparative negligence rule, which means you can still recover compensation even if you were partially at fault. However, your compensation will be reduced by the percentage of fault attributed to you. For example, if you were 20% at fault, your compensation would be reduced by 20%.

Most car accident cases settle outside of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, our team at Alvandi Law Group, P.C. is prepared to take your case to trial to ensure you get the compensation you deserve.

The value of your case depends on factors like the severity of your injuries, medical expenses, lost wages, and the impact on your quality of life. Our attorneys will thoroughly evaluate your case to ensure that all your damages are accounted for, including future expenses related to long-term injuries.

The duration of a car accident case can vary. Some cases settle within a few months, while more complex cases—especially those involving serious injuries or disputed liability—can take over a year. We work to resolve cases efficiently while ensuring you get the full compensation you deserve.

It’s best to avoid speaking with the at-fault party’s insurance company without legal representation. Insurance adjusters may attempt to minimize your claim or offer a low settlement. Our attorneys handle all communication with insurance companies to protect your rights and ensure you receive fair compensation.

Office workers in Santa Ana should be provided the same workers’ compensation protections as workers in any other industry. Even if you work in a comfortable office, you are eligible for workers’ comp that applies to any work-related injury or illness.

Restaurant workers in Santa Ana should be considered employees, which means they should be covered by workers’ compensation insurance. If a workplace injury occurs, the injured restaurant worker should talk to an attorney right away about filing a workers’ comp claim.

While it is not mandatory to have legal representation when filing a workers' compensation claim in Tustin, working with a lawyer can be invaluable.

A lawyer will understand the intricacies of California workers' compensation law and can help in all facets of your claim, from initial evaluations to evidence gathering, claim construction, paperwork filing, negotiations, dispute resolution, and, when necessary, litigation. When you’re up against an insurance company that cares more about profits than people, having an advocate on your side can make all the difference.

Initially, you may be required to see a doctor in your employer's medical provider network. After 30 days from the date of the injury, you may have the option to choose your own doctor or change doctors within the network. However, because workers’ compensation insurers may refuse to cover treatment provided by unauthorized providers, you’ll want to be certain that any provider or specialist you work with will be covered.

If you’re working with a lawyer, they can help address matters involving your medical care, and may even help you obtain independent medical evaluations and treatment from providers within their own network of connections.

If your employer or their workers’ compensation insurance company refuses to authorize essential medical treatment, California law allows you to appeal to the California Department of Industrial Relations Division of Workers’ Compensation (DWC). A qualified lawyer can help you evaluate options for negotiating with the insurer or pursuing an appeal hearing with the DWC.

Yes, temporary workers are typically covered under their employer's workers' compensation insurance in California. If injured on the job, you are likely entitled to benefits.

If you're legally working in California for a company based in another state and sustain a work-related injury, you can file a workers' compensation claim in California. Our attorneys can further discuss this type of employment relationship and the facts of your case during a consultation.

Workers' compensation rules generally apply across all industries in the same way. However, the nature of office work can lead to specific types of injuries, like repetitive motion injuries such as carpal tunnel syndrome, which are certainly covered under workers' compensation.

If the accident occurs during your work duties, such as making a delivery for your employer, you should be covered by workers’ compensation, even if you're using your personal vehicle.

Yes, personal trainers are covered under workers' compensation if they are employees of a company. Independent contractors may need to carry their own insurance but could be eligible under certain conditions.

After filing a workers’ compensation claim in Tustin, it typically takes about 14 days for the insurance company to accept or deny your claim. If accepted, temporary disability payments usually start within 14 days after your last day of work.

Under guidelines set by the California Department of Industrial Relations Division of Workers’ Compensation, an injured worker should report a work-related injury to their employer within 30 days. If no report is given within 30 days, the worker could lose their right to receive workers’ compensation benefits.

If your employer refuses to authorize the medical care you need for a work injury, you should still seek any medical treatment you need to recover. As soon as possible, you should also call a workers’ compensation attorney who can fight for your rights. You might have grounds to sue your employer for failing to comply with workers’ compensation requirements.

If you have workers’ compensation insurance provided by an employer or provided by a policy you purchased as a self-employed personal trainer, you should be covered by workers’ comp if you get hurt while working in a client’s home. The key detail is that you were doing job-related work when you were injured, so your coverage should still apply, even though you weren’t on company property.

Remote workers or people who work from home can be eligible for workers’ compensation coverage just like workers who work inside an office or other business space. The extent of coverage may be interpreted a little differently, though. For example, a worker who slips on loose products in a retail store will likely be eligible for workers’ comp because the injury happened in a space controlled by their employer; but a remote worker who trips on the office chair in their own office might not be covered because they alone controlled the workspace conditions.

In Orange County, the standard statute of limitations for filing most personal injury claims is two years from the date of the injury. However, this period can be different depending on specific circumstances. For example:

• In medical malpractice cases, victims have three years from the date of injury or one year from when the injury was discovered to file claims.
• Claims against government entities are subject to unique rules and procedures, including requirements to file a Notice of Claim within six months of the incident.
• In injury cases involving minors, the statute of limitations can be tolled (or delayed) until the minor turns 18.
• In cases where victims don’t discover the connection between a defendant’s actionable conduct and their resulting damages, the statute of limitations may be tolled until the date of discovery. This applies only in certain types of cases, including medical malpractice and civil sexual abuse actions.

Determining the statute of limitations that applies to your case is a fact-specific task that requires ample legal insight. Our attorneys can evaluate the deadline for your claim during a consultation.

Failing to meet the filing deadline usually results in the expiration of the statute of limitations. When the statute of limitations expires, you are barred from filing legal action and will not be able to recover compensation for your losses.

Because there are major consequences for missing the personal injury claim deadline, taking prompt action should be a priority for anyone with a potential case.

The resolution time for personal injury cases in Orange County can range from several months to several years. Factors influencing case duration include case complexity, the willingness of both parties to settle, and court schedules. The nature of injuries suffered by victims and whether they are still receiving medical treatment or need more insight into their condition and prognosis can also impact the trajectory of a case.

Our team works diligently to explain how cases are likely to progress based on each client’s circumstances and strives to set realistic expectations. And while we can maximize efficiency through negotiations and processes such as mediation, we’re always willing to fight for our clients in court, when necessary.

Most personal injury lawyers work on a contingency fee basis, which means that they are paid a percentage of any final settlement or verdict once a case has been concluded. This fee percentage may range from 25% to 33% or more for personal injury cases that are settled out of court but can increase to around 40% when cases are inordinately complex or require litigation.

One of the greatest advantages of using lawyers who work on contingency is that there are no upfront costs for clients. Additionally, well-resourced firms like ours use their own funds to cover important expenses. This can help ensure the chances of a successful outcome are not hindered by a victim’s inability to pay for independent investigations, medical experts, or other things that can prove vital to their claims.

The advantages of engaging a local lawyer include:

• Local Expertise: Knowledge of the Orange County court system, judges, and legal nuances can facilitate a more effective legal strategy.
• Legal Acumen: Awareness of California and Orange County-specific laws ensures that your case adheres to the correct legal practices.
• Insurance Insight: Insight into regional insurance carriers and local insurance practices can pay dividends when it comes to leveling the playing field and seeking full recoveries.
• Resource Access: Lawyers with established networks can leverage their connections with local experts who provide important evidence and testimony to support a case.
• Convenience: Working with a local lawyer lets you have an advocate who’s nearby and available to your needs and can enhance communication and collaboration.

Personal injury lawyers handle cases such as car accidents, slip and falls, and product liability, where there is a claim against another party's negligence. These cases are handled in civil court and they require plaintiffs (the victims who personal injury lawyers represent) to prove that defendants are at fault and liable for damages.

A workers' compensation attorney specializes in representing employees injured on the job, helping them secure important benefits. These cases are handled through administrative proceedings and do not require claimants to prove who was at fault.

While there are distinct differences between personal injury and workers’ compensation, these fields have much in common and may intersect in certain circumstances. Workers injured on the job, for example, may have grounds to pursue civil personal injury lawsuits against negligent third parties who caused their accidents.

Winning a personal injury case generally requires evidence that proves negligence, causation, and damages. While every case is different, it’s critical to be thorough in gathering comprehensive and compelling evidence. This may include:

• Documentation, including photos of the injury and accident scene, communications with at-fault parties or insurers, company or insurance policies, bylaws, and more.
• Medical records, including assessments / diagnoses of injuries and treatment provided.
• Testimony from witnesses with knowledge about the accident or the victim’s injuries. This can include eyewitnesses who saw an accident, medical experts who provide information about injuries and prognoses, industry experts who testify about standards of their professions, investigators who explain their findings, and more.

As a victim hurt by a policyholder, you are under no obligation to speak with their insurance company. In fact, it’s widely advised that victims withhold from communicating with insurers until they have consulted an experienced lawyer. Insurance companies are corporations that care solely about their bottom lines. They’re not on your side and they may employ tactics that aid them in their quest to dispute, deny, and underpay your claim.

At Alvandi Law Group, P.C., we make it a point to handle all communications with insurers for our clients so that these companies can’t capitalize on their lack of legal knowledge.

Yes, a personal injury lawyer can negotiate with insurance companies on your behalf. Lawyers are skilled in negotiating fair settlements that account for all your damages. This includes the medical bills you’ve already incurred and, if your injuries haven’t healed or have resulted in long-term or life-long issues, medical expenses you’re likely to incur in the future.

Don't accept a settlement offer from the insurance company without consulting a personal injury lawyer, especially if it’s too early to evaluate the true impact of your injuries or what losses and expenses you’re still likely to incur.

Dependiendo de la magnitud de sus heridas, puede ver a un doctor inmediatamente. Su empleador le concertará una cita con un médico en su propia red de proveedores médicos, a no ser que usted tenga un médico de cabecera preestablecido antes del accidente. Si no le llevaron a ver a un médico, las leyes estatales de California le permiten ver a su propio doctor bajo la mayoría de las circunstancias. Asegúrese de consultar con su abogado antes de tomar decisiones importantes como esta.

La Discapacidad Total Temporal (TTD) es un beneficio otorgado al empleado tras siete días de incapacidad relacionados con una discapacidad que se pronostica será temporal pero totalmente debilitante. La Discapacidad Parcial Temporal (TPD) se refiere a cualquier discapacidad que modifica la capacidad para trabajar o que deja a la persona parcialmente incapaz de trabajar. La Discapacidad Permanente (PD) es cualquier lesión de la que uno no puede recuperarse completamente, mientras que la Discapacidad Parcial Permanente (PPD) es aquella lesión que supone no menos del 100% de la discapacidad.

Una declaración tiene lugar cuando el empleador, o su proveedor de seguros, le hace preguntas acerca de su caso. Su abogado y un taquígrafo del tribunal estarán presentes durante la declaración. Cuando usted trabaja con nuestros abogados de compensación de los trabajadores, le enviaremos nuestra página de preparación para la declaración con anterioridad para que pueda discutir su caso y prepararse con su administrador de casos personal. Le recomendamos que acuda a nuestras oficinas – o localización de la declaración – una hora antes de que tenga lugar la declaración para aclarar preguntas y preocupaciones de última hora.

Para obtener el grado de su discapacidad causado por su accidente laboral, puede que tenga que pasar por varios tipos de exámenes médicos o visitar a varios examinadores médicos. En una situación ideal, pasará por un AME, un examen médico acordado. En este escenario, usted verá a un doctor aceptado tanto por nosotros como por su oposición.

Una reclamación denegada o aplazada no significa el final para todos los casos de compensación del seguro de los trabajadores. Puede que aún tenga opciones para recibir una recuperación justa, solo que ahora será más difícil. Si aún no ha recibido ayudas por parte del seguro de compensación de los trabajadores, ahora es el momento de hacerlo.

[Haga clic aquí para información adicional acerca de reclamaciones denegadas.]

Las leyes estatales de California protegen a los “denunciantes” que informan de las lesiones que sufrieron cuando desempeñaban sus deberes. Si su empleador ha tomado represalias contra usted por informar acerca de un accidente laboral, no solo tiene usted un caso de compensación del seguro de los trabajadores en sus manos, sino que también puede estar ante un caso de derecho laboral. Si esto le sucede, contacte con nuestro bufete inmediatamente.

La solicitud – también llamada reclamación – inicia su caso. En un plazo de 90 días, usted deberá recibir una carta de denegación o aceptación por parte de su empleador o de sus representantes. Usted no tiene nada más que hacer al respecto; las ruedas ya están en movimiento y su caso se abre camino.

Llegar a un acuerdo en un caso supone que usted esté de acuerdo con la solución propuesta por la oposición. La mayoría de los acuerdos supondrán grandes sumas de dinero o menores cantidades acompañadas de cobertura para cualquier tratamiento médico necesario. Puede estar seguro de que no llegaremos a acuerdos sin consultarle a usted primero – al fin y al cabo, este essu caso. Una vez que recibamos una oferta de acuerdo que satisfaga sus necesidades, discutiremos en profundidad sus opciones para que usted pueda decidir cuál será su siguiente paso con seguridad.

En Alvandi Law Group, nuestros abogados de compensación de los trabajadores en Orange County siempre tratan de estar disponibles en todo momento para los clientes. Si tiene preguntas, le recomendamos que llame al (800) 980-6905 y le contestaremos inmediatamente. Recuerde: tiene derecho a hablar con nosotros acerca de cualquier cosa relacionada con su caso y su empleador no puede interferir.

Se puede tardar meses y meses en resolver un caso, o algunas veces tan solo semanas. En general, dependiendo de la lesión y del proceso curativo, los casos pueden tardar entre 12 y 18 meses en resolverse. Sin embargo, si su caso va a juicio, la situación puede alargarse. Es por ello que trabajamos duro para maximizar el valor de su caso y tratamos de llegar a acuerdos fuera de los tribunales – el éxito significa que usted obtenga la mayor cantidad en el menor tiempo posible.

Ningún abogado puede estar completamente seguro de cuánto dinero recibirá por su reclamación al seguro de compensación de los trabajadores. Se basa completamente en el grado de discapacidad establecida por los expedientes médicos y los informes de los doctores. Cuanto más significantes sean las heridas, más alto será el grado de discapacidad, y mayor será la cantidad de dinero que podría recibir. De lo que sí puede estar seguro es de que trabajaremos duro para maximizar el valor de la compensación para su caso.

Alvandi Law Group offers contingency fees for injury claims. Under a contingency fee agreement, you don’t have to pay any attorney fees if we don’t recover any benefits or compensation for you when your case ends. This system makes hiring a professional, experienced lawyer highly affordable.

You should call a personal injury lawyer shortly after being in an accident. If the accident involved your workplace, then you should call a workers’ compensation attorney instead. At Alvandi Law Group of California, you’ll find both. We accept phone calls 24/7/365 for client emergencies and convenience.

A workers’ comp or personal injury case can take a varying amount of time based on the specifics of the case. For example, some workers’ compensation cases will only take a few weeks if the claim is accepted after we file it. If the insurance company rejects the claim, though, it could take a few months. Complicated cases that end up in court for litigation can take even longer. We will do our best to keep your case moving quickly but we can’t promise an exact timetable.

Not all workers’ comp or personal injury claims go to trial. In fact, most don’t, and reach a settlement before getting the court involved. However, just as the timetable for a case can’t be promised by any lawyer or law firm, neither can its chances of going to trial.

Asbestos has been used in construction for years, and it is still used commonly in commercial and industrial (non-residential) construction projects to this day. The likelihood that you have been inside a building with asbestos insulation is quite high. However, people who are at the greatest risk of asbestos exposure are those who live in homes that are at least several decades old and those who work in construction, demolition, and mining.

It is unclear if children have a higher risk of developing mesothelioma than an adult. What is known is that a child who inhales asbestos will be at a higher risk of eventually developing mesothelioma just because they have more years of life ahead of them than an adult, i.e., the asbestos exposure has more time and opportunities to cause harm or disease.

Asbestos fibers can cling to almost any surface and are difficult to remove. It is not uncommon for asbestos to stick to a worker’s shoes, jacket, and hair when they are on a jobsite that is using some form of asbestos. When they return home, the asbestos can attach to other materials in the house, where it endangers anyone living there.

Naturally occurring asbestos (NOA) can occur as chrysotile or amphibole fibers. Both are dangerous if inhaled. However, amphibole fibers are more likely to damage or stick to the lungs and cause mesothelioma due to the fiber’s needle-like shape. Thankfully, amphibole fiber asbestos is not used as commonly as chrysotile fiber asbestos.

Damage to the lungs caused by asbestos fibers in particular is called asbestosis. This condition is incurable. The scarring to the lungs is permanent and might even get worse with time.

Construction sites tend to have the worst falling object risks when compared to any other jobsite. In the average construction area, there will be multiple floors with workers on them, scaffolding setups around the site, and possibly even cranes and cherry pickers. With so much verticality in the workplace, the risk of an object falling and hitting someone inherently increases. Retail and grocery stores also have a higher-than-average risk of falling object accidents when those locations use high shelves with top-stock storage.

Hard hats are essential pieces of safety equipment to protect workers from falling objects. Most construction sites and industrial areas require workers to have a hard hat before entering or working. However, employers are not usually strictly required to give their workers hard hats, especially if those workers are independent contractors. Instead, at the entry of the jobsite, there should be safety information that informs workers what pieces of equipment they are expected to bring on their own, which usually includes a hard hat.

A falling object can do minor to severe damage, depending on its mass and from how far it fell. In some situations, a worker who has been hit by a falling object will only suffer a bruise or cut. But in other accidents, the outcome might be a traumatic brain injury (TBI), broken bone, or fatality.

Scientifically, gravity is what makes objects fall. The constant pull of the Earth’s enormous mass influences all falling objects at the same rate. In terms of workplace accidents, though, employer negligence tends to be what causes objects to fall and strike workers. Employers should enforce safety protocols that ensure no loose objects are kept above others. Workers also have a duty to try to prevent falling object accidents, though.

If your coworker is the one who hit you with a falling object, like a loose hammer or bolt, then it might be tempting to sue them directly for their negligence. However, if you have workers’ compensation insurance coverage, then you would file a claim against that instead. The purpose of workers’ comp is to get injured workers the financial benefits they need to recover from an accident without needing to worry about the who’s and why’s of the workplace accident.

When personal liability is brought up in an injury case, it considers the wrongful actions of the defendant specifically, like a driver getting behind the wheel while drunk. The concept of premises liability is concerned with unsafe conditions on a property, not necessarily who created that hazard.

When you file a premises liability case, you are not necessarily demanding that the property owner pays for your damages. Instead, you will probably file against a premises liability insurance policy that they purchased. This is important to remember if you need to file a claim after being hurt on a friend’s property.

Typically, premises liability law requires a property owner to fix a hazard within a reasonable amount of time. What is “reasonable” depends on the situation and the hazard, though, so there is room for interpretation. For example, a grocery store should mop up a product spill within a few minutes before a customer slips on it. But a homeowner might never need to address a hazard as long as they ensure that no one else encounters it.

In California, car accident claims are subject to the pure comparative negligence rule, which states that you can demand compensation from any party that has caused you to suffer an injury, damage, or loss. Even if you were mostly liable for the crash, you can still file a claim against the other driver.

The other driver’s auto insurance provider will probably reach out to you a few days after the crash to try to get a recorded statement. It is not trying to help you. It wants you to say something inadvertently and pin liability on yourself. You should only speak to the other driver’s insurer if your attorney suggests it, which would be uncommon. Our lawyers can talk to all involved insurance companies on your behalf.

An initial settlement offer from the other driver’s insurance company is likely to be less than you deserve. Once you sign something, your case is over, even if you were given just a fraction of the amount owed to you. To determine the fairness of an offer, you should let our attorneys review it. Do not sign a settlement agreement without first speaking to a lawyer.

If your claim is denied, you must first be aware that it was not the decision of your boss or employer. Instead, it is the decision of a claims administrator working for or with an insurance company. Due to the disconnection between yourself and the people handling your claim, simply asking for a second review of your paperwork for potential errors will likely be fruitless.

To get to the source of the problem, you will likely need to file for an appeal, administrative review, and a mandatory settlement conference (MSC). During the MSC, you will meet with your claims administrator and attempt to reach an amicable settlement. It is highly recommended that you work closely with a professional attorney at this time so you do not accept lowballed amounts. If your MSC is unsuccessful and you were not given the chance to receive fair compensation, your case will go to an administrative review, which is considered a form of trial in California; again, the presence of a workers’ compensation lawyer will be incredibly useful.

During your administrative review or trial, you will be able to:

• Make arguments as to why you require workers’ compensation
• Present evidence for your case
• Refute claims presented by the claims administrator

The verdict or ruling for your trial will not be issued immediately. You will have to wait anywhere between 30 to 90 days for a written decision to be mailed to you. A petition for reconsideration can be filed if the decision is not in your favor, and a final, similar process begins.

After you suffer a workplace injury, you should be given an amount of workers’ compensation benefits to help you rest and recover without needing to worry about your job and your bills. Not all workers’ comp claims are the same, and so not all benefits packages or amounts are the same.

The severity of your injury, and how long it is expected to affect you, can change your compensation by categorizing your claim into one of four different classes:

• TTD: An injury that completely prevents a worker from completing their regular job functions but also is not severe enough to stop an eventual recovery creates a temporary total disability (TTD) case. At least 8 or more work days must be missed for an injury to be considered to cause TTD. For example: If your job was to patrol a property on foot as a security officer but you broke an ankle in a fall accident, you could not make your patrols while recovering but you would, in theory, be able to return to work eventually.
• TPD: A disabling injury that prevents only some work to be completed but should eventually heal given the right treatments creates a temporary partial disability (TPD) case. For example: If you were a retail worker who stocked shelves but suffered a back injury, you could be asked to put away light items within comfortable reach but not heavy items or those that require stooping.
• PD: When an injury is so severe that it is never expected to fully heal and completely removes a person from the workforce, it is known as a permanent disability (PD). The most dramatic of disabilities, a PD will often reward the most compensation to the injured party, as any sort of work could be considered dangerous. For example: If you were a firefighter who became paralyzed after a collapsing roof struck you, you should be granted PD.
• PPD: Some wounds never heal entirely but also do not completely remove a person’s ability to work. This is a partial permanent disability (PPD). For example: If you worked for a local delivery company but broke a leg, making any amount of walking painful, you could be reassigned and retrained for seated office work at the same company.

When you are injured on the job, there is a process that you must go through to file for benefits. One step of the process for a workers' compensation claim is to be examined by an approved physician. During this examination, the physician will make notes of both your injuries and state of disability, if there is one. This information goes into your medical record and is an essential part of securing benefits or a disability rating.

At Alvandi Law Group, our Orange County workers' compensation attorneys can help you navigate the process and prepare for the AME.

There is a special process involved in choosing the medical evaluator so that there is no bias. You will need to agree with the insurance claim administrator on a doctor, which a skilled attorney can help with. Otherwise, the Division of Workers' Compensation Medical Unit may be involved in this selection. The outcome of the AME (agreed medical examination) and your physician's notes will have a significant impact on your case.

The purpose of an AME includes the following:

• Establishing a medical opinion on any existing treatment needed
• Determining whether future medical treatment will be needed.
• Providing a professional medical opinion on any relevant issues
• Establishing whether there is a permanent impairment or disability

At Alvandi Law Group, we know how to spot insurance companies' attempts and questions intended to deny claims, which we can use to your advantage. Hiring a workers' compensation lawyer can benefit your case greatly, especially if your workers' comp claim is complex or if you are concerned about whether or not you qualify.

A few examples of questions you might be asked include:

• Basic information, such as your name and background.
• How was your injury caused or what led to the accident?
• Have you undergone medical treatment and if so, what type?
• Did you have any previous injuries that were not work-related?
• What were your duties at jobs before your existing jobs?
• What type of physical hobbies do you have, such as sports?
• Does your injury prevent you from doing your current job?
• Does your injury stop you from doing any work at all?

The workers’ compensation benefits that you ultimately receive through your employer’s workers’ comp plan will be significantly affected by when you reach your maximum medical improvement or MMI. A patient has reached their MMI when the treating physicians believe that no amount or type of continued care will help them heal more from their injuries than they already have. Once MMI is reached, the patient’s care will shift from curative procedures to medical treatments designed to make life more comfortable, like routine physical therapy and prescription medications.

MMI is so important in a workers’ compensation case because it is a defining point in terms of what the injured employee will be able to do for work in the future. If you reach your MMI and you still experience sharp pain when standing for an extended period, for example, then you will need sedentary work with minimal physical exertion. Your employer and the insurance company need to be ready to accommodate and compensate you based on your post-MMI health.

Once you reach your MMI, the following determinations, and more, must be made:

• By your employer: You cannot be expected to continue a job position that would exacerbate your injuries or disabilities that appear to be permanent now that you have reached your MMI. Your employer will need to find a role for you that is safe for your health conditions but also pays the same or more than what you earned pre-injury. If they cannot, then your workers’ compensation benefits might be expanded to include vocational retraining that helps you start a new career or seek an advanced educational degree or certification.
• By the insurer: Upon reaching MMI, the insurer handling your case will have to determine if you qualify for extended wage replacement benefits, like permanent total or partial disability pay. Additionally, and importantly, the insurer will likely have the option to pay for fewer medical treatments once you reach MMI because treatments shift from curative to palliative. Secondary medical services are designed to help you maintain MMI, and the insurer will not be compelled to pay for experimental or optional treatments that could feasibly improve your health.

After suffering a work-related accident or illness and filing a claim under workers’ compensation, you may be contacted by an adjuster from your employer’s workers’ comp insurance provider.

Do you know what to say, or, more importantly, what not to say?

• Do not agree to anything: Speaking to a workers’ comp claims adjuster in any capacity is usually a bad idea, since it can only serve to hurt your claim. While adjusters may present a friendly outward façade or claim that they are there to help, in reality, claims adjusters have one objective in mind: to save their insurer money. Any and all information you provide to an adjuster may potentially be used to limit or deny your claim.
• Do not discuss your medical condition: Avoid discussing your medical condition, as insurers may try to claim that your injuries are not caused by a work accident. If an insurer pushes you to discuss your health, have them discuss this with your attorney.
• Do not accept an offer without consulting an attorney: In many cases, it is not uncommon for workers’ comp insurers to have adjusters contact claimants in an attempt to get them to settle their case early and on their own, oftentimes for much lower than what they actually deserve. This can be dangerous. Settling early can cause a person to be held financially liable for any medical expenses or losses that exceed the limits of their settlement. For this reason, if you are contacted by a claims adjuster, it is highly recommended you do not agree to any settlements or authorizations of any kind and get in touch with an attorney as soon as possible. A lawyer can handle all negotiations and advocate for maximum compensation on your behalf, allowing you to focus on your recovery with peace of mind.

After suffering a work-related injury, your primary concern will likely be to seek medical treatment as soon as possible. But can you see your primary care physician, or do you have to wait and see a doctor designated by workers’ compensation? More importantly, when should you see a doctor?

Is your injury an emergency?

If your injuries require emergency medical treatment, call 911 or head to the nearest emergency room as soon as possible. Your employer must make sure you have access to emergency treatment immediately and may tell you where to go for treatment. Be sure to inform the medical staff that your injury or illness is job-related.

If your injuries are not an emergency, you should first report the injury to your supervisor or some other figure of authority immediately. For injuries which develop over time, such as tendinitis, be sure to report your injury as soon as you feel symptoms or have reason to believe that it was caused by your job. The sooner you report your injury, the more likely you will avoid problems and delays in receiving your benefits. In fact, if you wait more than 30 days, you could lose your right to benefits entirely.

Did you predesignate?

Aside from emergency situations, injured workers will usually be required to wait to receive treatment until they are directed to a physician approved by their employer’s workers’ compensation insurance unless they previously informed their employer in writing the name and address of their primary physician or medical group prior to being injured. This is known as predesignating. Those who have predesignated may see their personal physician immediately after being injured.

It is important to note that you may only predesignate if you have health care coverage for medical conditions that are unrelated to work. To predesignate, you must prepare your own written statement, use DWC Form 9783, or use a form provided by your employer.

Be sure to include the following information:

• The date
• The name of your employer
• Your name
• Your physician’s name, address, and phone number
• Your signature
• A statement authorizing your personal physician to provide care

The purpose of a consultation is to discuss the details of your claim with someone who is familiar with the workers’ compensation system before actually hiring someone, so you can feel confident in your choice. A consultation is also a good platform for asking any questions you have about your own claim, or workers’ compensation in general.

Before you pick up the phone and call a workers’ compensation attorney, you should gather all of the information you have about your claim and think about why you are calling. Compile all of the:

• Medical records
• Job documents
• Witness contact information
• And other information related to your case

A consultation is not only an opportunity for you to meet a lawyer, but it is also an opportunity for the lawyer to meet you — providing comprehensive information will facilitate the process.

Following an on-the-job accident, many questions about your claim will arise naturally, but taking the time to sit down and think about your goals for pursuing legal action will help you arrive at other questions you need answered.

You may want to ask your workers’ compensation attorney questions such as:

• What benefits am I entitled to?
• What are my rights during the claims process?
• What evidence should I gather to help my case?

The attorney you are speaking to will need complete details about your claim to provide fully informed insight. You should be prepared to recount the events that occurred and discuss your injuries and expenses in depth.

According to the Occupational Health and Safety Administration (OSHA), the construction industry is one of the worst industries in terms of worker deaths each year, year after year. Furthermore, there are four different safety hazards that tend to cause the most workplace deaths, which OSHA calls the “Fatal Four.” The OSHA Fatal Four is comprised of falls from heights, electrical exposures, struck-by-falling object accidents, and caught-in/between accidents involving heavy machinery.

In California, the statute of limitations for workers’ compensation claims is one year from the date of the work-related accident. If you need to claim death benefits through workers’ compensation, then the statute of limitations will likely be the same one year, which is not much time. But if you are pursuing damages through a wrongful death claim filed in civil court, then the statute of limitations is two years. To be sure you do not miss any important deadlines, you should always work with an experienced attorney.

Workers’ compensation is a no-fault insurance system, which means that it is not necessary for the claimant to prove that they were not liable for their accident, injuries, and damages. In a death benefits claim, the same no-fault system should still apply. If the employer says that your loved one made a mistake that caused their untimely passing, like forgetting to secure their own harness on a scaffolding, then you should still be eligible to file for those benefits.

Typically, once you use the workers’ compensation insurance system to get death benefits and related damages, you cannot get additional damages through a civil injury claim, especially not if you want to file that claim against the employer. However, if your loved one’s fatal workplace accident was caused by a third party, then you might be able to file a claim against that party and demand damages not rewarded through workers’ compensation. For example, if a vendor visiting the property inadvertently caused the fatal accident, then you could demand pain and suffering damages – as well as any other damage not already provided through workers’ comp – from that vendor and/or their employer.

Once you sign a wrongful death settlement, it is essentially impossible to come back later and ask for more compensation. In virtually all settlement agreements, there will be a clause that says the liable party or defendant is cleared of any future liability, no matter what new evidence and damages arise. For this reason, it is crucial to speak with an experienced attorney before signing any agreement.

California workers’ compensation law actually allows for post-traumatic stress disorder (PTSD) to be covered in some situations. The key is that it must be shown through a medical diagnosis from a mental health professional that the PTSD experienced by the claimant is directly caused by or related to their work. As a firefighter who must endure a stressful work environment with severe dangers practically every day, it is not a stretch to imagine that the job can cause PTSD, anxiety, depression, and other mental health difficulties.

Recent legislative battles in California have improved workers’ compensation for various professionals who mostly work outdoors, including firefighters. Thanks to these updates, firefighters can be eligible for workers’ comp benefits if they are diagnosed with skin cancer. As with PTSD-related workers’ comp claims, the claimant must receive a medical diagnosis that concludes the skin cancer was caused by their work, not due to spending time outdoors in other capacities.

Yes, workers’ compensation benefits are not canceled just because you accept a job that is inherently dangerous, like firefighting. Indeed, when someone works in a dangerous profession, the argument can be made that they are especially deserving of workers’ comp if something goes wrong.

Workers’ compensation covers you as a firefighter whenever you are performing any work-related duty. It does not only apply when you are literally fighting a fire. In many situations, driving to the fire can be more dangerous because of unpredictable traffic conditions. If you were riding in your station’s fire engine when it got into a crash, then you can still file for workers’ compensation to take care of you while you recover from your injuries.

As you know, firefighters are sometimes called in an emergency to help with a particularly dangerous blaze or situation. You can be resting at home on a planned vacation when duty calls you to come help save lives. If you get hurt while you are working an unscheduled emergency shift, you are still eligible for workers’ compensation coverage. Your benefits are based on your work, not on your schedule.

• High-Cost Medical Care: Workers in Orange County face high healthcare costs, making routine and emergency medical services financially challenging. Without employer-sponsored insurance, high premiums and out-of-pocket expenses exacerbate these issues. Limited access to affordable healthcare often leads to delayed medical care, worsening health outcomes and increasing long-term costs.
• Language Barriers: Many Orange County residents, including immigrants and non-English speakers, face significant language barriers that impede access to healthcare, legal services, and education. Communication difficulties limit their ability to navigate essential services and participate fully in the workplace. The lack of multilingual support from employers and service providers further complicates their situation.
• Transportation/Access: Public transportation in Orange County is inadequate, forcing many workers to rely on personal vehicles, which can be financially burdensome. Limited transit options make it hard to access jobs and essential services, especially in outlying areas. Additionally, severe traffic congestion leads to long, stressful commutes, affecting productivity and work-life balance.
• Additional Challenges: The high cost of living in Orange County, including housing and childcare, adds significant financial strain on workers, often leading to housing instability and stress. A competitive job market results in underemployment or low-wage positions, especially for those with limited skills or language proficiency. Workers in low-wage jobs also face workplace safety and rights issues, with language barriers and fear of retaliation preventing them from reporting unsafe conditions.

Though some jobs are inherently more dangerous than others, all workers face some risks while on the job. From office concerns like trips and falls to construction hazards like falls from height or being struck by an object, any number of workplace accidents can cause serious injuries like fractures, internal injuries, and/or brain trauma.

All on-the-job accidents, no matter who is at fault, are covered by workers’ compensation. Employee negligence is not a reason for insurers to deny a claim unless evidence shows that the employee was intentionally misusing equipment or was displaying extreme recklessness, e.g., coming to work intoxicated. If you were injured on the job, workers’ compensation can help pay your medical bills and provide temporary or permanent disability pay if your injury interferes with your ability to perform your job, among other benefits like vocational rehabilitation.

Many employees are forced to perform the same motions repeatedly, whether they involve typing all day or constantly lifting and pulling heavy objects. When these many small actions and impacts add up, they can cause a cumulative injury.

Environmental factors can have permanent health effects, too. For example, loud workplaces can gradually cause hearing loss, especially when ear protection is not provided to workers. Mounting stress and trauma experienced by those in first responder jobs can cause mental health difficulties like anxiety, depression, and post-traumatic stress disorder (PTSD). Exposure to toxic elements can cause diseases, cancers, or other serious chronic illnesses.

All these types of injuries are eligible for workers’ compensation, but they may be harder to prove. Insurers will try to argue that your injuries or illness were caused by other factors, not the workplace. With Alvandi Law Group on the case, we can put together medical evidence and strong arguments to support your claim.

Why are claims commonly denied? Workers’ compensation insurers will tell you that they have to be on the lookout for fraud. However, it is also important to acknowledge that the more often an insurer pays out claims for workplace injuries, the less profit it makes at the end of the fiscal quarter. Sometimes this can lead to wrongful denial of claims, and sometimes a wrongful denial happens unintentionally.

Common arguments insurers make against workers include:

• There is insufficient evidence of injury.
• The injury was not caused by your job.
• You do not need medical treatment or disability payments.
• Your workers’ compensation coverage excludes that type of injury.

Insurance adjusters often split hairs when it comes to evaluating claims if they think they can avoid paying for the worker’s treatment and wages. Don’t let them ignore you after a work injury puts you out of commission. Our Orange County workers’ comp team can help you put together a strong appeal to continue pursuing the benefits you need and deserve.

To qualify for workers’ compensation benefits, you must notify your employer about any work-related accident within 30 days of its occurrence. For occupational diseases or repetitive stress injuries that don’t show symptoms right away, the report must be made within 30 days of realizing that an injury or illness was likely caused by work, such as through a doctor’s diagnosis.

Though your employer has to report workplace injuries to Cal/OSHA within a week, starting a workers’ comp claim is its own process—one which, due to related costs, your employer has no incentive to start. Your report is the first step of filing a workers’ comp claim. Make sure you do so in the first month after your injury, or you may have to bear the costs of an accident alone.

It is illegal for your employer to retaliate against you for filing a workers’ comp claim due to an on-the-job accident.

Unlawful forms of employer retaliation can include:

• Loss of job responsibilities
• Re-assignment to worse shifts
• Position change or demotion
• Unjustified disciplinary actions
• Discrimination or harassment
• Termination

If you faced any of these actions after filing for workers’ comp or getting injured at work, then you may be able to take your employer to court for retaliation while still pursuing your workers’ compensation benefits in a separate claim. A retaliation lawsuit is an employment lawsuit with its own rules and regulations, so be sure you work with an attorney who understands these unique case types, too. Alvandi Law Group has a legal team that is well-versed in all angles of workers’ compensation cases, including those that get complicated by unfair employer retaliation after a workplace injury and insurance claim.

When you have suffered a workplace injury, it is important to consider hiring a workers' compensation attorney as soon as you can. A workers' comp lawyer from Alvandi Law Group can help ensure that your rights are protected. We can also calculate the full amount of benefits and compensation that you may be entitled to under California law, and work diligently to stop that amount from being unfairly reduced. The sooner you hire a workers’ compensation lawyer, the sooner your lawyer can get to work applying their knowledge to your case.

An OC workers' compensation lawyer from our firm can:

• Help you file paperwork before deadlines.
• Ensure that all forms are properly filled out.
• Assist in gathering medical records, bills, and other documents needed for the claim.
• Present an appeal if a claim is denied by the insurance company.
• Negotiate with the insurance company for a fair settlement or award amount.
• Represent you in court hearings if necessary.
• Provide legal advice on filing a lawsuit against employers who have violated state laws and regulations.
• Prepare written arguments to support your position regarding claims made against you by your employer or their attorney.
• Educate you about your rights under California law related to workplace injuries.
• Build strong cases using evidence obtained from witnesses, photographs, videos, and more.
• Follow-up if an insurance company is failing to respond to your injury report.

Your workers' compensation coverage begins immediately the moment you begin working. Almost all California employees are covered under workers' compensation. There are a few exceptions, such as if an employee is an independent contractor. You can speak with our lawyers to see if your injuries are covered.

If you have been injured while on the job in Orange County, CA, it is important to understand your rights and the benefits available to you through California's workers' compensation system. Unfortunately, navigating this complex legal process can be difficult without help from a knowledgeable attorney who specializes in workers' compensation law.

A workers’ compensation lawyer from our firm will have an understanding of the laws governing worker's comp claims and can provide experienced legal guidance so that you receive maximum benefits for your injuries or illness. Furthermore, they may even be able to negotiate higher settlement amounts if necessary. Don't go it alone - get the help of an experienced professional today!

If you've been injured while on the job in Orange County, it is essential that you find a knowledgeable attorney who specializes in workers' compensation law so you can receive maximum benefits for your injuries or illness. With their help, you can ensure that all aspects of your case are handled properly and efficiently.

Here are some tips on how to find the right workers' compensation attorney:

• Identify the type of injury suffered: To find a workers' compensation attorney who can best assist you, it is important to first identify what type of work-related injury or illness you have sustained.
• Research attorneys specialized in workers’ compensation law: Once you’ve identified your injury, look for lawyers who specialize in workers’ compensation cases and ask them questions about their experience handling cases similar to yours.
• Check qualifications and reviews: Review the qualifications and reviews of any attorney before engaging them in legal representation. Look for these workers' compensation attorneys on online resources such as Avvo or Yelp for ratings from former clients. Check out sites like Lawyers.com for background information about an attorney's area of expertise or reputation within the legal community.
• Consult potential attorneys: Before hiring an attorney, make sure to schedule a consultation with a few different ones, so you can get a feel for how they handle cases. This will also help you find out if they have enough knowledge on the subject matter that applies to your case.
• Make sure all fees are transparently discussed beforehand: During your initial consultation with potential attorneys, be sure to inquire about their fees upfront so there won't be any surprises down the line with unexpected costs associated with your case.

In California, you have two years to file a personal injury claim in most circumstances. This two-year statute of limitations usually begins on the date of your injury or the date when your injury should have been reasonably identifiable. If two years pass and you have not filed a claim against the liable party, then you essentially cannot file anything in the future.