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  • Irvine Workers' Compensation

    • Do I Need a Lawyer to File a Workers’ Compensation Claim in Irvine, CA?
      You are not legally required to file a workers’ compensation claim with a lawyer’s help. However, it is highly recommended that you at least consult with an attorney before filing so you can see if legal counsel would benefit you based on the details of your case. Even administrative law judges with the CA Division of Workers’ Compensation often tell claimants to talk with an attorney before taking their claims any further.
    • How Much Does It Cost to Hire a Workers’ Compensation Lawyer in Irvine, CA?
      California law limits how much a workers’ compensation attorney can charge for their services. Usually, an attorney can only be paid an amount between 10% and 30% of the total benefits awarded to the client, depending on the complexity of the case. At Alvandi Law Group, P.C. in Irvine, we strive to keep our attorney rates fair and competitive, so our legal counsel remains available to more people.
    • If I’m Hurt at Work in Irvine, Do I Get to Choose My Own Doctor?
      For workers’ compensation claims filed in California, the claims administrator can choose which doctor sees the injured worker for the first 30 days of treatment. If treatments are still required after 30 days, the injured worker can choose a new doctor or medical facility of their choice, as long as any required travel to the new physician is considered a “reasonable” distance. However, if you predesignate which doctor you want to treat you in case you’re in a work accident, the claims administrator may be required to use that predesignated choice.
    • What Is the Deadline for Reporting a Work Injury in Irvine, CA?

      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.

    • How Long Do I Have to Seek Medical Attention for a Work Injury in Irvine to Be Eligible for Workers’ Compensation Benefits?
      Injured workers in Irvine are required to report the injury to their employer within 30 days, and it is better to report it as soon as possible rather than waiting until the 30th day. If the work injury is reported before the 30-day limit, the worker should be eligible to receive workers’ comp benefits, which include medical treatments at no cost to them.
    • What Happens if My Employer in Irvine Refuses to Authorize Necessary Medical Treatment for My Work Injury?

      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.

    • What Is the Average Wait Time to Receive Benefits After Filing a Workers’ Compensation Claim in Irvine, CA?
      When a workers’ compensation claim is filed correctly and accepted by the insurance company, the average wait time to see the first benefits is only three days. Not all cases are handled and accepted smoothly, though, so the wait time for each case should be considered unique due to its specific details.
    • What Is the Closest CA State Division of Workers’ Compensation Office to Irvine?
      Most workers’ compensation claims and cases filed in Irvine will be handled by the CA State Division of Workers’ Compensation office in nearby Santa Ana, CA. The office is located at 2 MacArthur Pl, Santa Ana, CA 92707, and its contact phone number is 714-558-4121.
    • Where Is the Nearest Alvandi Law Group, P.C. Office to Irvine, CA?
      We have a Newport Beach office not far from Irvine. It is located at 20301 SW Acacia St, Second Floor, Newport Beach, CA 92660. For many parts of your workers’ compensation claim, you can interact with us remotely or digitally, so you won’t have to make many trips to our office. To set up a location at an Alvandi Law Group, P.C. office nearest you, start by dialing (800) 980-6905">(800) 980-6905.
    • Are Temporary Construction Workers in Irvine Eligible for Workers’ Compensation?
      Workers’ compensation in California covers all eligible employees, including temporary and part-time construction workers. You might not be covered by workers’ comp if you are an independent contractor, though.
    • If I Get into an Accident While Commuting to or From Work in Irvine, Will I Be Covered by Workers’ Compensation?
      Generally, California workers’ compensation rules do not apply to workers who are commuting to and from work. It has been argued before and upheld by courts that commuting to work is not job-related in the spirit of workers’ compensation law because workers have the choice of where they live and how they commute.
    • My Employer in Another State, but I Work in Irvine, California – Do I Qualify for Workers’ Compensation in California?
      The California Division of Workers’ Compensation requires out-of-state employers to purchase California-recognized workers’ compensation coverage for any workers who regularly work in California. If you live in Irvine, work for a company in Florida, for example, and suffer a job-related injury, you should be able to file for workers’ compensation through California’s system, not Florida’s.
    • I’m a Delivery Driver in Irvine – Am I Covered by Workers’ Compensation if I Get into an Accident While Making a Delivery?
      Workers who use their private vehicles for job-related tasks should be covered by workers’ compensation if they get into a car accident. However, many couriers and drivers who don’t use a company vehicle are considered independent contractors and may not be covered for that reason. You should talk with our attorneys to see if you are covered based on your employment status and job description.
    • I’m a Personal Trainer in Irvine Who Sees Clients in Their Homes, if I Get Hurt Training a Client, Can I File for Workers’ Comp?

      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.

    • What Are My Rights if I’m a Restaurant Worker in Irvine and I Get Injured on the Job?
      You have the right to use your workers’ compensation insurance coverage if you are injured on the job as a restaurant worker in Irvine. You should tell your employer about your injury as soon as you can, so they can process your workers’ comp claim. You have the right to the full benefits owed to you under the policy, as well as the right to consult with a workers’ compensation attorney at any time.
    • Where Will I Be Treated for My Workplace Injuries if I Work in Irvine, CA?
      The medical center that treats you after a workplace injury will depend on the specifics of your coverage and if you predesignated a medical center as your preferred treatment location. If you have not named a predesignated medical center and you are seriously injured at work, you may be treated at Hoag Hospital – Irvine, Kaiser Permanente Orange County – Irvine Medical Center, or any of the other large medical centers in the region.
  • Costa Mesa Workers' Compensation

    • Do I Need a Lawyer to File a Workers’ Compensation Claim in Costa Mesa, CA?
      You have the right to file a worker's compensation claim on your own, but it is highly recommended that you get a lawyer to help. An attorney knows the ins and outs of the workers’ comp process and relevant laws.
    • How Much Does It Cost to Hire a Workers’ Compensation Lawyer in Costa Mesa, CA?
      At Alvandi Law Group, we pride ourselves on offering outstanding legal services at competitive rates, so our counsel is more affordable for more people. California also sets a limit to how much a workers’ compensation attorney can be paid based on the size of any settlement, award, or compensation amount given to a workers’ comp claim client.
    • Do I Get to Choose My Own Doctor if I Am Hurt at Work in Costa Mesa, CA?
      California law allows you to predesignate which doctor or medical center you would like to treat you after a workplace accident but there may be limitations based on your insurance provider’s medical network. If you don’t predesignate a medical provider, the initial choice of medical care after a workplace accident will be made by the workers’ compensation insurance provider of your employer. Also, if you are unhappy with your medical treatment after a set number of days or weeks, you can request a new one.
    • When Should I Tell My Employer About My Workplace Injury if I Am Hurt in Costa Mesa?
      You should inform your employer within 30 days of your workplace injury. If you don’t, you could lose the right to workers’ compensation benefits. However, it is best to report a workplace injury to your employer as soon as possible, preferably immediately after the accident or injury.
    • What California Division of Workers’ Compensation Office Is Nearest to Costa Mesa?
      The CA State Division of Workers' Compensation (DWC) has an office located at 2 MacArthur Pl, Santa Ana, CA 92707. This location is the nearest to Costa Mesa, so most cases filed in Costa Mesa will be handled in this office.
    • Where Is the Alvandi Law Group Office for Costa Mesa Workers and How Do I Set up a Consultation?
      Alvandi Law Group has an office located at 20301 SW Acacia St, Second Floor, Newport Beach, CA 92660, which is a short drive from Costa Mesa. You can schedule a consultation with this office location by dialing (800) 980-6905">(800) 980-6905 or by submitting an online contact form.
    • My Employer in Costa Mesa Is Refusing to Authorize My Medical Treatments After a Workplace Injury – What Do I Do?
      If your employer in Costa Mesa is not authorizing medical treatments after a workplace accident, you should still seek necessary medical attention anyway. After you have been treated, contact Alvandi Law Group. Our workers’ compensation attorneys can tell you the next steps needed to pursue the workers’ comp benefits you need.
    • Are There Special Workers’ Comp Rules for Office Workers in Costa Mesa?
      Workers’ compensation claims filed in Costa Mesa follow state-level laws, so there are no special workers’ compensation rules specifically for Costa Mesa office workers. What you should know is that eligible office workers get the same workers’ comp coverage as workers in other industries. You aren’t ineligible because your job does not keep you on your feet very often.
    • Do I Get Workers’ Compensation if I Was Hurt While Driving to My Job in Costa Mesa?
      You typically are not covered by workers’ compensation when commuting to your job. Workers’ comp can apply if you are driving due to a specific work duty, though, such as visiting a client’s house or picking up a delivery order for your employer.
    • Do I Get Workers’ Compensation if I Was Hurt While Working From Home in Costa Mesa?

      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.

    • Do Temporary Construction Site Workers Get Workers’ Compensation in Costa Mesa?
      California law allows workers’ compensation insurance to cover all eligible workers, including temporary and seasonal workers in all industries. If you’re a construction worker, you might be covered by workers’ comp, even if you are under temporary employment. If you are an independent contractor, though, you likely are not.
    • Where Will I Get Treated for a Work Injury in Costa Mesa?
      If you did not predesignate your preferred medical treatment location or provider, you could be taken to one of the larger hospitals in Costa Mesa after a workplace injury, such as College Hospital Costa Mesa or Fountain Valley Regional Hospital.
  • Orange County Personal Injury

    • How Long Do I Have to File a Personal Injury Claim in Orange County, CA?

      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.

    • What Happens If I Miss the Deadline to File a Personal Injury Claim in Orange County?

      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.

    • How Long Does a Typical Personal Injury Case Take to Resolve in Orange County Courts?

      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.

    • How Much Does a Personal Injury Lawyer Typically Cost in Orange County, CA?

      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.

    • What Are the Benefits of Hiring a Local Orange County Personal Injury Lawyer?

      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.
    • What Are the Key Differences Between a Personal Injury Lawyer and a Workers’ Compensation Attorney in Orange County?

      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.

      At Alvandi Law Group, P.C., we’re recognized nationally for our work in both personal injury law and workers’ compensation, and have the depth of experience to handle all types of accident cases – whether they occurred on or off the job.
    • What Type of Evidence is Needed to Win a Personal Injury Case in Orange County, CA?

      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.
    • Should I Speak to the Insurance Company After an Accident in Orange County?

      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.

    • Can a Lawyer Help Negotiate With the Insurance Company For My Medical Bills After My Injury?

      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.

    • Should I Accept a Settlement Offer From the Insurance Company After an Accident?

      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.

      A skilled attorney can ensure that any offer from the insurance company fairly compensates for all current and future damages related to your injury so you don’t end up settling for less than you deserve. Remember, insurance companies are in business to make profits, and their initial offers are likely to be less than the true value of a claim.
  • Spanish Workers' Compensation

    • ¿CUÁNDO PUEDO VER A UN DOCTOR?

      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.

    • ¿QUÉ ES TTD, TPD, PD Y PPD?

      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.

    • ¿QUÉ ES UNA DECLARACIÓN?

      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.

    • ¿QUÉ ES UN AME?

      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.

    • MI RECLAMACIÓN HA SIDO DENEGADA O APLAZADA - ¿QUÉ HAGO AHORA?

      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.]

    • MI EMPLEADOR ME DESPIDIÓ O PENALIZÓ DE OTRO MODO DEBIDO A MI LESIÓN. ¿CUÁLES SON MIS OPCIONES?

      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.

    • ¿QUÉ ES LA SOLICITUD/PAQUETE QUE HE RECIBIDO?

      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.

    • UN AJUSTADOR DE SEGUROS SE HA PUESTO EN CONTACTO CONMIGO. ¿QUÉ HAGO?

      Infórmenos en cuanto un ajustador de seguros se ponga en contacto con usted. En la mayoría de los casos, es una táctica que las compañías de seguros utilizan tratando de que usted llegue a un acuerdo por un valor muy bajo. Si nos provee con el nombre del ajustador y un número de teléfono, nos haremos cargo de ello en su nombre. No les devuelva la llamada. No se preocupe – nosotros nos haremos cargo de esta indeseable petición de su parte.

    • ¿QUÉ SIGNIFICA LLEGAR A UN ACUERDO EN MI CASO?

      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.

  • Spanish Homepage

    • CUÁNTO DURARÁ MI CASO?

      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.

    • ¿CUÁNDO PUEDO HABLAR CON MI ABOGADO?

      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.

    • ¿CUÁNTO DINERO VOY A RECIBIR?

      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.

  • Las Vegas Workers' Compensation

    • When do you have to tell your employer about a work injury?
      Nevada workers’ compensation law expects you to inform your employer within 7 days of your work injury or accident. If you don’t, then the legitimacy of your workers’ compensation claim could be questioned. Ideally, you’ll be able to tell your employer as soon as possible, though. Don’t delay if you can help it.
    • Can independent contractors get workers’ compensation?
      Independent contractors are usually not eligible to receive workers’ compensation in Las Vegas. Exceptions do exist, though, so don’t assume you don’t have any coverage. If you get hurt while working, it is always worth at least speaking with a workers’ compensation attorney, regardless of your employment status.
    • What happens if you lose a loved one in a workplace accident?
      Workers’ compensation insurance can include death benefits if someone loses their life to a workplace injury, illness, or accident. The death benefits will be paid to family members and usually include the cost of final medical treatments and funeral rites. Death benefits can also include lost income in some cases.
    • What is a workers’ compensation case settlement?
      A successful workers’ compensation case will usually end in one of two ways: the workers’ comp benefits owed to the claimant are provided as they should have been; or the claimant is provided a financial settlement that will cover their losses and damages, similar to how the benefits should have. Many of the winning workers’ compensation claims we have handled involved both a settlement and benefits to cover future care and needs.
    • What are the most common workplace injuries?
      The Occupational Health and Safety Administration (OSHA) keeps track of different workplace injuries. According to its findings, the four most common fatal injuries involve falls from heights, struck by falling object accidents, electrocutions, and caught-in/between accidents. Common nonfatal work injuries include lifting-related injuries, repetitive stress injuries like carpal tunnel syndrome, and mental duress or PTSD.
  • Las Vegas Personal Injury

    • What is the statute of limitations for personal injury claims in Nevada?
      The typical statute of limitations in Nevada is two years, starting on the date of the accident or injury. You must file a claim before two years pass, or you will likely lose your chance to demand compensation from the liable party. Keep in mind that the statute of limitations for some cases could be shorter than two years, so it is best to talk with an attorney as soon as possible.
    • What is Nevada’s modified comparative fault law?
      Nevada uses a modified comparative fault law when considering liability and awards in a personal injury claim. You can’t make a financial recovery from the defendant if your liability reaches 51% or greater. Also, any recovery you make will be reduced by your percentage of liability. For these reasons, it is important to work with a personal injury law firm that knows how to keep your liability as low as possible, hopefully down to 0%.
    • Will my personal injury case go to court?
      Not all personal injury cases go to court for trial or litigation. Many claims end up settling because neither party wants to deal with the complexities and costs of court. However, no law firm can promise that a case won’t go to court because every case is unique.
    • Should you accept an initial settlement offer from the defendant’s insurance company?
      You should never accept and sign a settlement offer without first letting your attorney review it for discrepancies. Some insurance companies are known for offering low settlements to try to end a case as cheaply as possible, even if they knew that would put the plaintiff in an unfair position. By letting your lawyer look at the settlement offer first, you can eliminate the risk of accepting a bad deal.
    • How do contingency fees make hiring experienced lawyers highly affordable?
      Contingency fees allow you to hire our attorneys without paying anything upfront. You won’t owe any attorney fees unless we end the case in a settlement or award in your favor. Our attorney fees will be based on a percentage of any winnings, too. No matter how badly the accident has impacted your finances, contingency fees allow you to hire experienced injury attorneys.
  • Homepage

    • Can I Afford to Hire an Attorney?

      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.

    • When Should I Call an Injury Lawyer?

      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.

    • How Long Will My Case Take?

      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.

    • Will My Case Go to Trial?

      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.

  • California Personal Injury: Talcum Powder

    • How much is a talcum powder lawsuit worth?
      In recent years, Johnson & Johnson has faced a litany of legal failures in and out of court, often resulting in juries ordering the conglomerate to pay billions of dollars in compensation to consumers who have fallen ill due to talc powder exposure. Some of these court awards have been reduced and all have been contested in one way or another by J&J’s attorneys. Yet the underlying thread of talc powder lawsuits is that they can be worth a significant amount when handled correctly.
    • What is one of the larger settlements in a J&J talc powder lawsuit?
      Because J&J has challenged every lawsuit and court decision against it, only a few of the many talc powder cases have reached a final settlement and conclusion. Recently, though, J&J agreed to pay $100 million in damages to settle a class involving 1,000 plaintiffs, which means each class member will receive $100,000 pre-legal fees.
    • How long does it take to settle a talc powder lawsuit?
      Talc powder lawsuits are often formed into a larger class action lawsuit, which has its benefits. However, reaching a conclusion to a class action lawsuit is often more time-consuming than managing an individual injury claim. Depending on how your talc powder lawsuit pans out, it could take anywhere from a year to several years to reach a conclusion.
    • What exactly makes talc powder so dangerous?
      It has been found that the talc powder used in most bay powder products often contains microscopic asbestos fibers, too small for the eye to see but large enough to cause internal harm if the product is used for feminine hygiene. Talc is a mineral that is often mined from adjacent asbestos deposits, so the risk of talc contamination in a mine or industrial setting is high.
    • Has Johnson & Johnson admitted that baby powder products can be dangerous?
      No, to date, J&J has never agreed to any findings that concluded that their baby powder products are dangerous for their intended use as a feminine hygiene product. The company has staunchly held that all scientific and courtroom conclusions are inaccurate. As such and due to the inherent uncertainty in most scientific studies, the products can only be described as “allegedly” dangerous. This slightly different definition does not invalidate a talc powder lawsuit, though.
    • Can you still buy J&J talc-based baby powder?
      Johnson & Johnson has announced that it has discontinued its baby powder products amid the legal controversy. Although, the company still retains its and its product's innocence. A discontinuation is not a recall, though, so there might still be baby powder products available on shelves. Consumers are advised not to use it for feminine hygiene purposes or in a way that could result in inhalation of the powder.
  • Orange County Workers' Compensation: Asbestos

    • Who is most at risk of asbestos exposure?

      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.

    • Are children more likely to get mesothelioma?

      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.

    • Can asbestos enter your home in other ways?

      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.

    • What is amphibole fiber asbestos?

      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.

    • Is there a way to remove asbestos once inhaled?
      No, there is currently no known medical or scientific method to safely remove asbestos fibers that have been inhaled. The lungs can remove asbestos naturally, and often do. However, all it takes is one stray fiber to become stuck or injury the lung for it to become a serious problem.
    • Is asbestosis curable?

      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.

  • Orange County Workers' Compensation: Falling Objects

    • What workplaces have the highest falling object risks?

      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.

    • Should my employer have given me a hard hat?

      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.

    • What injuries are caused by falling objects?

      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.

    • What makes objects fall?

      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.

    • A coworker dropped a tool on my head – do I have to file a claim against them?

      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.

  • California Personal Injury: Premises Liability

    • Is premises liability the same as personal liability?

      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.

    • Who pays for the damages in a premises liability case?

      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.

    • When does a property owner have to address or fix a property hazard?

      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.

  • California Car Accidents

    • Can I file a car accident claim if I partially caused the crash?

      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.

    • Should I talk to the other driver’s insurance company?

      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.

    • How do I know if a settlement offer is fair?

      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.

  • California Workers' Compensation

    • How Much Money Am I Going to Get?
      No attorney can ever be completely certain how much money you will get for your workers’ comp claim. It is entirely based on the disability rating established through medical records and doctor reports. The more significant your injuries, the more the disability rating climbs, and the more monies you could possibly be rewarded. What you can be certain of is our ability to work as hard as possibly can to maximize your case and settlement value.
    • My Claim Has Been Denied or Otherwise Delayed - What Do I Do Now?
      A denied or delayed claim is not the end-all for workers’ compensation cases. You still may have a very real chance of receiving fair recovery, only now it will prove more difficult. If you have not retained the help of a workers’ comp attorney yet, now is the time to do so.
    • My Employer Fired Me or Otherwise Penalized My Because of My Injury. What Are My Options?
      California State law protects “whistleblowers” from reporting injuries they sustained while performing their duties as described. If your employer has retaliated against you for reporting an on-the-job accident, not only do you have a workers’ compensation case on your hands, you might also have an employment law case, too. Should this happen to you, contact our firm right away.
    • What Is the Application/Packet I Received?
      The application - also called a complaint - kicks off your case. Within 90 days, you should also receive a denial or acceptance letter from your employer or their representatives. You have nothing else to do in regards to this application; the wheels are already in motion and the path is set for your case.
    • When Can I Speak to My Attorney?
      At Alvandi Law Group, our Orange County workers’ comp attorneys always try to make ourselves available at all times for our client’s benefit. If you have any questions, we encourage you to call (800) 980-6905">(800) 980-6905 and we will get right back to you. Remember: you have the right to speak to us regarding anything surrounding your case, and your employer cannot interfere.
    • What Does Settling My Case Mean?
      Settling a case is when you agree with the resolutions proposed by the opposition. Most settlements will involve a large lump sum of money or a smaller sum plus any coverage for any necessary medical treatments. Be assure that we won’t settle any case without first getting you involved - this is your case, after all. Once we are able to get a settlement offer that suits your needs, we will thoroughly discuss your options so you can decide your next move with confidence.
    • How Long Will My Case Take?
      Cases can take months and months to resolve, or sometimes just weeks. In general, depending on the injury and the healing process, cases may take about 12 to 18 months to resolve. If your case goes to trial, however, things may take longer. This is why we work as hard as we can to maximize your case value and try to settle cases outside of court - success means you get the most you can in the shortest timeframe possible.
    • I Have Been Contact by an Adjuster. What Do I Do?
      I have been contacted by an adjuster. What do I do? Let us know as soon as you are contacted by an adjuster. In most cases, this is a ploy insurance companies use to try to get you to settle on your own, and for a low, low value. If you provide us with the adjuster’s name and phone number, we will handle them for you. Do not call them back. Don’t worry - we will take care of this unwelcome solicitation on your behalf.
    • What Do I Do if My Claim Is Denied?

      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.

    • Can Workers’ Compensation Be Denied?
      If there is a missing signature from just one bit of paperwork, or if the claims administrator is not convinced that your case justifies workers’ compensation benefits, your claim could be denied.
    • What Is TTD, TPD, PD & PPD?

      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.
    • What Is an Agreed Medical Examination (AME)?

      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.

    • What Does an Agreed Medical Examination (AME) Entail?

      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
    • What Is a Deposition?
      A deposition for a workers' compensation case involves a sit-down meeting with your lawyer and/or a representative from their insurance company. At this time, they will ask you questions and a stenographer will take notes or a video recording will be made. At Alvandi Law Group, we recommend that you hire a workers' compensation lawyer to represent you at this deposition.
    • Do I Need to Hire an Attorney for a Deposition?
      Depositions are not typically required and can often feel informal, leading many clients to believe they are not necessary. However, going through a deposition with your representation present gives us a written record which can be used in your case. A deposition involves testifying under oath and can provide valuable information or address questions which may arise later on. Our workers' compensation attorneys are highly experienced and know exactly which questions to ask.
    • What Types of Questions Should I Expect During a Workers' Compensation Case Deposition?

      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?
    • What is Maximum Medical Improvement (MMI)?

      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.
    • What if I’m Contacted by a Workers’ Comp Adjuster?

      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.
    • When Can I See a Doctor?

      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
    • What Should I Discuss During My Initial Consultation?

      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.

  • Orange County Workers' Compensation: Workplace Death

    • What are the leading causes of workplace deaths?

      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.

    • How much time do you have to file a death benefits claim?

      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.

    • Does it matter if my loved one’s mistake might have caused the fatal workplace accident?

      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.

    • Can I sue for other damages if I get death 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.

    • Can you get more damages after accepting a wrongful death settlement?

      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.

  • Orange County Workers' Compensation: Firefighters

    • Is PTSD covered?

      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.

    • Is skin cancer covered?

      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.

    • Do you get workers’ comp if you know the work is dangerous?

      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.

    • Can you get workers’ comp after a crash in the fire engine?

      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.

    • Does workers’ comp apply when you’re injured while working during an emergency shift?

      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.

  • Orange County Workers' Compensation

    • Is My Workplace Accident Covered Under Workers' Compensation in Orange County?

      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.

    • Do I Need an Orange County Workers' Compensation Lawyer?

      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!

    • How Do I Find an Orange County Workers' Comp Attorney?

      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.
    • What Coverage for Workplace Accidents & Injuries Do I Have?

      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.

    • Is Workplace Violence Covered by Workers' Compensation in Orange County?
      Though it’s typically low on employees’ radar, workplace violence is one of the top causes of on-the-job death in the country. Workers’ compensation covers attacks, whether from coworkers, clients, customers, or third parties as long as they are related to work. Disputes of a personal nature do not meet the insurance’s terms for coverage, so injuries that result from such fights will usually not be covered.
    • Can I Get Compensation for Cumulative Injuries & Workplace Diseases?

      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 Did My Workers' Comp Claim Get Denied?

      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.

    • How Long Do I Have to File for Workers’ Comp in Orange County?

      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.

    • My Employer in Orange County Doesn’t Have Workers’ Comp – What Should I Do?
      Despite California’s legal requirements, some employers don’t provide workers’ compensation coverage for their employees. If your employer has failed to insure you and your coworkers, you still have options and may still receive financial help. The California Uninsured Employer’s Benefit Trust Fund (UEBTF) was made specifically for such a situation. The Fund acts as an insurer, paying out benefits at standard levels. This program helps employees get help as soon as they need it, without having to worry about recovering costs from an employer that violated California workers’ compensation requirements for one reason or another.
    • Can I Get Fired or Face Other Retaliation After Filing for Workers' Compensation in Orange County?

      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 Should I Hire an Orange County Workers' Comp Lawyer?

      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.
  • California Personal Injury

    • How much time do I have to file a personal injury claim in California

      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.

    • Do all personal injury cases go to trial?
      No, not all personal injury cases go to trial. In fact, the majority of eligible cases are settled before litigation is necessary. Insurance companies try to avoid litigation because it is expensive for them if they lose. We know as much and use that to the advantage of our clients by pressuring the defendant to settle for a fair amount.
    • How much does it cost to hire a personal injury lawyer?
      Hiring a personal injury attorney from Alvandi Law Group is affordable to everyone thanks to our contingency fees. When we are hired for a contingency fee, you do not owe us any attorney fees unless we end your case in your favor. The amount we are paid will be equal to a percentage of your settlement or award, too, so you never owe more than you can afford. It might also be possible to arrange it so that the defendant pays our fees, which leaves even more of your winnings for you to use.