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Top San Jose, CA Workers' Compensation Lawyers Near You

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San Jose Workers' Compensation Information

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Lead Counsel independently verifies Workers' Compensation attorneys in San Jose by conferring with California bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions.

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Were You Injured at Work?

If you were injured while at work, this can be a stressful and overwhelming time. First, you need to report your injury to your employer and seek out proper medical attention. Then you need to seek out an experienced San Jose workers’ compensation attorney to ensure your rights are protected.

Workers’ Compensation Assistance

Unfortunately, workplace accidents are not unusual. Work injuries can be sudden, such as a slip and fall accident. Repetitive stress can also lead to pain and suffering.

Workers’ compensation benefits are available to most injured employees to help them get their lives back on track; however, the process of collecting these benefits is highly complex. Being injured is hard enough, you do not want to enter into battle over your workers’ compensation claim.

What is workers’ comp., and how does it work?

Workers’ compensation benefits help account for medical care and lost wages whenever you are hurt or get sick while on the job. In most workers’ comp. cases, fault does not matter. For example, if you work in construction, and are hurt by a power tool and have to miss months of work while you recover, workers’ compensation benefits will cover the losses from your time when you are unable to work. When you are hurt, you will file a claim for workers’ comp. and typically visit a doctor to evaluate the extent of your injuries and whether you are eligible for benefits.

How is workers’ comp. calculated?

In every state, your workers’ compensation benefits will cover a specific percentage of your average weekly wage. Whether your injury is ruled a total or partial injury, whether you are a temporary or seasonal worker, and how long you’ve been on the job will also affect the amount that you receive.

What does workers’ comp. cover?

Workers’ comp. benefits cover medical expenses, lost wages, lost wages, any ongoing care costs, and funeral expenses related to workplace injury or illness. In some cases, a surviving spouse may be entitled to survivors’ benefits as well. In other cases, such as if your injuries are so severe you will never be able to return to your job, there may be benefits available to retrain you for another position.

How long can you stay on workers’ comp.?

Most states have limits for how long workers’ compensation benefits can last, many times less than five years. If your injuries are so severe that you cannot return to work, you will likely want to explore your eligibility for disability benefits, such as Social Security Disability Insurance, for when your workers’ comp. benefits expire.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

How to Prepare for Your Initial Consultation

Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

  • Bill by the hour
  • Contingent fee agreement
  • Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.

Court Locations in San Jose, CA

Downtown Superior Court

191 N 1st St.
San Jose, CA. 95113
Phone: (408) 882-2100
Court Website

Santa Clara Hall of Justice

190 W Hedding St.
San Jose, CA. 95110
Phone: (408) 808-6600
Court Website

Old Courthouse

161 N 1st St.
San Jose, CA. 95113
Phone: (408) 882-2100
Court Website
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