What is workers’ compensation? Workers’ compensation is a type of insurance available to employees that covers workplace injuries. All employers in California must offer their employees workers’ compensation. Since many occupations are prone to accidents, it is likely that an employee will need to receive workers’ compensation benefits at one point or another. Making a claim for workers’ compensation can be a difficult and tedious process. In some cases, the legal assistance of an attorney is recommended and required.
Although workers’ compensation offers benefits for employees, many members of the Spanish speaking community do not submit claims or challenge claims upon denial. Unfortunately, language is a barrier that prevents members of the Spanish speaking community from getting the legal help necessary to successfully file workers’ compensation claims. Many will argue that legal assistance is widely available in San Diego. Is it available in Spanish? Regrettably, it is not available in Spanish. Of San Diego’s population of 1.39 million people, more than 30% are Hispanic. More than 20% of the entire population consists of native Spanish speakers. These members of the community are the ones who do not have access to the proper legal representation.
Normandie Law Firm is a personal injury, Spanish speaking law firm dedicated to enriching the Spanish speaking community in San Diego in regards to their rights as employees. Our law firm is working towards giving all members of the Spanish speaking community access to legal assistance—one case at a time.
The following information is merely supplemental and is not purposed to substitute an in-person consultation with an experienced attorney. Contact Normandie Law Firm as soon as possible to speak to a San Diego workers’ compensation attorney. The attorney will be able to give you information that applies specifically to your case.
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Overview of Workers’ Compensation
The State of California’s Department of Industrial Relations has a sector dedicated to overseeing workers’ compensation. The Division of Workers’ Compensation (DWC) monitors the management of workers’ compensation claims. The DWC also provides services to resolve disputes that might arise in claims. In California, all employers are required to have workers’ compensation insurance available for their employees. Workers’ compensation is designed to provide employees with the medical care necessary to recover from injuries and replace wages during recovery. Workers’ compensation comes at a price, however. Workers’ compensation ensures that the employee cannot sue their employer for damages. If you cannot sue, what is the process? The following is a detailed description of the workers’ compensation process.
If you have suffered an injury, you must report it to your employer immediately—within thirty days. You must seek medical treatment as soon as possible for your work-related injury. Upon notifying your employer, he or she will need to provide you with a claim form within one day of notice. If your employer does not provide you with a form, you can download a claim form from the DWC website. The claim form is a four-page document; you will need to fill out the required fields on the employee section on the last page of the document. Make a copy of the form and submit the document to your employer. Once your employer completes the required fields on the form, you should receive another copy of the completed firm. Your employer will send the form to the workers’ compensation insurance company. You should expect to know the status of your claim within fourteen days of submission.
If you have not received a notice stating that your claim has been denied within ninety days of submission, you should assume that your claim was approved. You can expect to have medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits. If your workers’ compensation claim is denied, you have the right to challenge the decision.
Challenging Denial of Workers’ Compensation
Your claim might be denied if it might be suspected that your injury is not work-related. If your workers’ compensation claim is denied, you can challenge the decision. You will need to fill out an Application for Adjudication of Claim form. You will need to submit this form to a DWC office—either in the county where you live or in the county where you were injured. To request a hearing, you will need to file a Declaration of Readiness to Proceed form. After submission of the proper forms, you will be required to attend a mandatory settlement conference. A judge will meet with you and with the claims administrator that denied your claim in hopes of reaching a settlement. If there is no settlement, the judge will schedule a trial. After the trial, you should expect to receive a decision by mail anytime within thirty to ninety days. Once again, if there is a disagreement with the final decision, you can file a Petition for Reconsideration.
Many people have completed this process without the legal help of an attorney. However, getting help from an attorney will significantly facilitate the process for you. Contact a workers’ compensation attorney that speaks Spanish to get the legal representation necessary to proceed with your case.
Intentional Torts and Suing Your Employer
Unfortunately, it is possible that your employer might have intentionally caused your injuries. If you believe that your employer directly caused your injuries, you have the right to sue him or her. All employers are required by law to promote employee safety; an employer intentionally causing harm is a serious offense. If you are in this situation, what can you do? As previously mentioned, workers’ compensation removes an employee’s right to sue an employer for damages related to the injury. However, if the employer intentionally causes harm to the employee, the employee can sue for an intentional tort. What are intentional torts? Intentional torts cause physical, mental, and emotional harm. The most common intentional torts are the following: battery, assault, false imprisonment, intentional infliction of emotional distress, fraud, defamation, invasion of privacy, conversion, and trespassing.
In the case of workers’ compensation, the most relevant intentional torts are battery, assault, and intentional infliction of emotional distress. For more information on whether you can sue your employer for an intentional tort, contact a Spanish speaking San Diego lawyer.
We Speak Spanish at Normandie Law Firm
Normandie Law Firm is a Spanish speaking workers’ compensation law firm. We are dedicated to serving the community of San Diego, California and ensuring that our clients receive the workers’ compensation that they are entitled to receive. Our Spanish speaking workers’ compensation lawyers in San Diego are experienced in challenging workers’ compensation decisions and suing employers for intentional torts. We guarantee that you will be helped by someone who speaks Spanish at all times. Our Spanish law firm assures that we will make legal assistance as accessible to you as possible. Our Spanish attorneys will do everything possible to ensure that you have a successful workers’ compensation lawsuit.
Besides providing all of our legal assistance in Spanish, we ensure client satisfaction by offering free consultations and free second opinions. That is right; you will not have to pay anything to meet with a Spanish speaking workers’ compensation attorney in San Diego. During your free consultation, you can expect an experienced attorney that speaks Spanish to answer all of your questions, address all of your concerns, and begin guiding you through the legal process. Speaking Spanish, our San Diego attorneys will do everything possible to give you all the information necessary for you to feel comfortable taking legal action. If you already have an attorney, you might not feel like you need a second opinion. Are you currently looking for additional information? Does your current attorney speak Spanish? If you are looking for extra information even after meeting with your lawyer, it is likely that he or she missed important details. Additionally, if your attorney is not effectively speaking Spanish, you might not receive all the information necessary during consultations. Do not let the incompetence of your present attorney lead to an unsuccessful case. You need an attorney who can speak Spanish; you need an attorney who can sue and fight for your rights as an employee. Contact Normandie Law Firm as soon as possible to arrange a free consultation or free second opinion with an attorney in San Diego who speaks Spanish. Our San Diego attorneys with experience in workers’ compensation can help you.
Normandie Law Firm offers all clients a Zero-Fee guarantee. What does this mean? You will never be required to pay any upfront fees. Our free consultations and free second opinions are covered under this guarantee for our San Diego clients. Additionally, since our law firm is strictly based on contingency, you will not have to pay anything until out expert Spanish speaking lawyers win your case. Contact Normandie Law Firm as soon as possible.
