Workers' Compensation

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Workers' Compensation Claims--Experience and Success

Kim LaValley has worked as an attorney for injured workers and never for their insurance companies for many years. He has filed and tried a very large number of cases before the Workers’ Compensation Appeals Board (WCAB.) These included trials of all issues that may arise in prosecuting a Workers’ Compensation claim, including whether temporary disability payments should be made, getting needed medical care, whether the injured worker was an employee or not, job descriptions, earnings, extent of injury and resulting disability, and “penalty” type actions against employers (for unwarranted delays in providing benefits, serious and willful behavior on the employer’s part that caused injuries, and discrimination claims.)

The Workers’ Compensation laws require employers (or their insurance companies) to provide certain benefits in the event of a work-related injury. The laws are “no-fault” and benefits must be paid even if the employee is 100% at fault. See the FAQs page for a list of benefits.

If the specific facts of the case warrant, Worker’s compensation claims are often payable under surprising circumstances, Suffering an injury or death while:

In your own car, parked or driving,
Waiting outside your place of employment or worksite,
On a work-related trip,
Coincidentally conducting personal activity,
Living in company housing away from home,
Working as an “independent contractor” according to your supervisor or a home owner directing your activities
Working while being an undocumented worker, or working without a permit

may all potentially be proven to be an employment “work related” activity entitling you or your dependents to recover Workers’ Compensation benefits.

Kim LaValley understands the injured employee’s perspective. The rules and laws of compensation are complex, and are not subject to the same rules and procedures that apply in regular civil court. In the FAQs and General Information sections (See the links at the bottom of this page,) you can review important information about the Workers’ Compensation system in California.

Many work related injury cases involve establishing liability against 3d parties responsible for, or who contributed to an accident, providing an important extra source of recovery for the injured worker. See the discussion on the FAQs page

And there are often other types of claims that can be brought when there is a work related injury. These ancillary claims are discussed in greater detail in the FAQs section.

Additionally, the law and regulations are always changing. In 2005, the WCAB adopted a new approach to evaluating Permanent Disability (PD) levels that generally both created much confusion in the evaluation system, and significantly reduced the amount of benefits payable to the injured. Starting with a few recent WCAB opinions (February, 2009) the WCAB is reconsidering their evaluation approach, and while still subject to ongoing litigation, this review may provide ways to significantly increase PD benefits. It is therefore VERY important to consult an attorney as soon as possible after an injury to take full advantage of the benefits that should be provided to you.

EARLY INTERVENTION WORKS

Here are links to some important information: