Were you injured at work in Salinas, California? You may be entitled to workers’ compensation benefits. The Salinas workers’ compensation lawyers at Mercado Kramer, LLP are here to help you get the benefits and financial support you’re entitled to under California law. Call (888) 311-4050 today for a free consultation.
We know how overwhelming the claims process can feel. If you were hurt on the job, don’t face the system alone. Our Salinas workers’ compensation attorneys will help you understand your rights, pursue every available benefit, and fight for the full compensation you need to move forward.
Why Choose Mercado Kramer, LLP for Help With My Workers’ Compensation Claim in Salinas, CA?
California’s workers’ compensation system is complex. Employers may dispute your injury or push unsafe returns, and insurers often deny valid claims or restrict treatment. Mercado Kramer, LLP can step in to level the playing field.
Here’s why clients in Salinas, CA, choose us:
- We have 18 years of combined legal experience protecting workers throughout Monterey County and the Central Coast.
- Our Salinas workers’ compensation lawyers have built a strong record of success and a reputation for results.
- We provide personalized attention to every client; you’ll feel seen and heard and know that your story matters.
Contact us today to schedule your free consultation with a Salinas personal injury attorney to learn more about your rights.
How Common Are Workplace Injuries in California?
California sees high rates of workplace injuries in industries ranging from agriculture to construction to healthcare.
Common workplace injuries include:
- Bone fractures
- Back, spine, and neck injuries
- Repetitive motion injuries (e.g., tendonitis, carpal tunnel)
- Traumatic brain injuries
- Spinal cord damage
- Burns, chemical exposure, and electrocution
- Internal organ damage
- Hearing loss and vision injuries
- Amputations or crush injuries
- Fatal workplace accidents
Our attorneys will ensure your injuries are fully and accurately documented so you can obtain complete workers’ comp benefits.
Overview of California Workers’ Compensation Laws
Under California law, all employers must carry workers’ compensation insurance, even if they have just one employee. This includes agricultural employers, contractors, restaurants, and small businesses throughout Salinas.
Eligibility does not depend on fault. If you were injured while performing work duties, you are likely entitled to benefits. Workers’ compensation covers full-time, part-time, seasonal, and many temporary employees.
Even if your employer classifies you as an independent contractor, you may still qualify under California’s strict worker classification standards.
Common On-the-Job Injuries and Claims We Handle
Mercado Kramer, LLP handles claims involving:
- Construction accidents
- Agricultural and fieldwork injuries
- Packing house and warehouse injuries
- Slips, trips, and falls
- On-the-job vehicle collisions
- Forklift, tractor, or machinery accidents
- Chemical exposure or respiratory illness
- Repetitive motion injuries
- Serious occupational illnesses
If you were hurt while performing your job duties anywhere in Salinas or Monterey County, contact our office to learn more about your rights.
Common Causes of Workplace Accidents in Salinas
Many workplace injuries result from preventable conditions. In many industries, hazards are frequent and often unavoidable without proper protection.
Common causes of workplace injuries include:
- Unsafe or improperly maintained equipment
- Lack of proper training
- Slip and fall hazards
- Heat illness or inadequate hydration
- Vehicle or machinery accidents
- Defective tools
- Failure to follow Cal/OSHA standards
- Overexertion and repetitive stress
- Exposure to pesticides or other harmful chemicals
Many cases involve third-party liability in addition to workers’ comp, which can significantly increase your compensation.
How Much Is My Salinas Workers’ Compensation Case Worth?
The value of your workers’ comp claim depends on several factors, including:
- Whether the injury is temporary or permanent
- Your ability to return to your job
- Your average weekly earnings
- The severity and type of injury
- The length of your recovery
- Whether a third-party lawsuit is possible
California determines weekly benefits based on two-thirds of your pre-injury wages, up to a statewide maximum that changes annually. However, workers’ comp covers only part of your losses.
If a negligent third party caused your injury, you may be entitled to additional compensation through a civil lawsuit. This option can dramatically increase your financial recovery.
To understand the full value of your case, contact our Salinas workers’ compensation lawyers today.
What Benefits Can I Receive Through Workers’ Compensation in California?
Workers’ comp benefits generally fall into two categories: medical benefits and disability benefits. Some injured workers may also qualify for job displacement vouchers.
Medical Benefits
Workers’ compensation pays for all reasonable and necessary medical care related to your injury, including:
- Emergency services
- Doctor visits and specialist care
- X-rays, MRIs, and diagnostic testing
- Surgery
- Physical therapy and rehabilitation
- Prescription medications
- Medical equipment (crutches, braces, etc.)
- Mileage reimbursement for medical trips
California requires injured workers to follow their employer’s medical provider network (MPN) unless exceptions apply.
Disability Benefits
California provides several types of disability payments:
- Temporary Total Disability (TTD) if you cannot work at all during recovery
- Temporary Partial Disability (TPD) if you return to restricted work at lower pay
- Permanent Disability (PD) compensation for lasting impairment
- Supplemental Job Displacement benefits for retraining if you cannot return to your former job
Payments are based on your earnings and the degree of your disability. At Mercado Kramer, LLP, our attorneys ensure you receive every category of benefits you are legally owed.
Can I File a Personal Injury Claim in Addition to a Workers’ Compensation Claim?
Workers’ compensation is designed to provide essential benefits quickly. However, it does not compensate injured workers for pain and suffering, emotional distress, or the full value of lost wages.
While you generally cannot sue your employer in California if they carry workers’ compensation insurance, you can file a personal injury lawsuit against a negligent third party whose conduct contributed to your injury.
When a Third-Party Lawsuit May Apply
A third-party claim may apply if another party other than your employer played a role in causing your accident. Examples include:
- A negligent driver who caused a crash while you were driving for work
- A manufacturer of defective machinery or tools
- A property owner who failed to maintain a safe jobsite
- A subcontractor whose negligence caused a construction accident
- A chemical supplier whose hazardous materials caused illness or burns
If someone besides your employer played a role in the accident, you may have a separate claim worth exploring.
What Compensation Can I Recover Through a Third-Party Lawsuit?
Through a third-party lawsuit, you may be able to recover damages that workers’ comp does not provide, such as:
- Full wage replacement (not limited to two-thirds of weekly wages)
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of consortium for spouses
- Future economic losses not covered by workers’ comp
At Mercado Kramer, LLP, we evaluate every case to determine whether additional claims are available. Many injured workers don’t realize they qualify for compensation beyond workers’ comp, and insurance companies have no incentive to tell them.
Our lawyers will identify every avenue for recovery to ensure you receive full and fair compensation.
What if I’m Blamed for My Workplace Injury in California?
Fortunately, workers’ compensation is a no-fault system in California. This means you can receive benefits if you caused your own injury.
Only a few exceptions apply, such as:
- Intentional self-harm
- Injuries caused while committing a felony
- Injuries occurring while intoxicated
- Outside of those limited circumstances, you remain eligible for benefits.
However, if you also pursue a third-party personal injury lawsuit, fault may affect the compensation you can recover. California follows a pure comparative negligence rule. That means your compensation is reduced in proportion to your percentage of fault.
Insurers often exaggerate fault to avoid paying the full value of your claim. Our attorneys fight hard to counter these claims and show what really happened. Reach out to us today to learn more.
How Long Do I Have To File a Workers’ Compensation Claim in California?
California law imposes strict deadlines on work injury claims. You must report your injury to your employer within 30 days. Beyond that, you should file your official workers’ compensation claim (DWC-1 Claim Form) as soon as possible.
You must also file any workers’ compensation case with the Workers’ Compensation Appeals Board (WCAB) within one year of:
- The date of injury,
- The last payment of benefits, or
- The last date medical treatment was furnished
For third-party lawsuits, California’s statute of limitations generally gives you two years from the date of the injury to file a personal injury lawsuit.
Failing to report the injury or submit required filings on time can jeopardize your rights. If you’re unsure whether you still have time to file, contact Mercado Kramer, LLP immediately. We can identify your deadlines and preserve your claim for compensation.
Contact a Trusted Salinas Workers’ Compensation Attorney Today
You shouldn’t have to navigate the workers’ compensation system alone or fight insurance companies that put profits ahead of your health. At Mercado Kramer, LLP, we are dedicated to protecting injured workers across Salinas, California.
We understand the challenges workers face and how to secure the benefits and compensation they need to rebuild their lives. Our attorneys are here to stand by your side through every stage of your case.
Call our Salinas workers’ compensation lawyers today at (888) 311-4050 or contact us online to schedule a free, confidential consultation. Let us fight for your rights, your recovery, and your future.
