The Reasons You Should Contact An Attorney If You’ve Been Injured On The Job

June 23, 2021 | 6:00 am


You get hurt on the job: What should you do, and when should you contact an attorney?

Chain | Cohn | Stiles work injury attorney Jim Yoro explains in a new video (below) four reasons when it’s important to contact a lawyer after you’ve been injured at work. We also share some bonus reasons you may want to contact a workers’ compensation attorney after being injured on the job.

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Hiring an attorney to handle your work injury claim costs nothing up front, and it gives you the best chance to receive a fair settlement or award for your injuries. But how do you know you actually need an attorney? Here are four reasons when it’s important to contact a lawyer after you’ve been injured at work:

1) If you think your employer has not filed a claim with their insurance company, you should contact a work injury lawyer. The worker’s compensation system in California has specific requirements that California employers and insurance companies must comply with when providing benefits to injured workers, and your employer is required to report your injury to its workers’ compensation insurance company. The employer must also give the injured employee a Workers’ Compensation Claim Form (DWC-1) to complete. If your employer refuses to report an injury, that is a red flag. They may be worried about safety violations, not having the right insurance, or a other potential issues.

2) If you expect to be out of work due to your injury, you should contact a work injury attorney. If you suffer permanent disability, either partial or total, that will prevent you from ever fully returning to work, insurance companies are more likely to contest such claims because they are the most expensive. Furthermore, if you have been released to work, but you can only do modified or alternative work, and your employer does not provide you a position that meets your restrictions, you may be entitled to additional benefits to help you get back to work. These benefits are called “supplemental job displacement benefits.” They are designed to help you get some training so you can go into a different line of work. If your employer cannot permanently accommodate your new restrictions, then you may be entitled to receive a retraining voucher. If your employers insurance company is refusing to provide you this voucher or has provided work that does not meet your restrictions or seems unreasonable, it is time to call in a workers’ compensation lawyer.

3) If you’re going to need medical treatment, you should contact an attorney. Your medical issues can prevent you from returning to your job, limit what you can do at work, or keep you from performing any work at all. If you’ve suffered permanent disability — whether partial or total — you may be entitled to payments to make up for your lost wages. These cases can be very expensive for insurance companies, and they’ll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers’ compensation attorney is essential in cases involving permanent injuries or illness.

4) If your employer or their insurance company seems unwilling to help you after an accident or injury at work, you should contact a work accident lawyer. You are entitled to medical care, lost wages, job training, and other benefits under California law if you are hurt on the job. It is supposed to be that straightforward. The most common reason employers deny a claim for benefits is because they do not think an employee was actually hurt at work or that an injury was not caused by something work-related. Employers and workers’ comp insurers also routinely reject legit claims, confident that many workers will fail to appeal.

 

On the other end, you may NOT need to contact a work injury lawyer if your employer and their insurance company if after you report your injury, the insurance company promptly contact you and starts providing you with benefits you’re entitled to receive under California law.

“If at any point, things start looking different, such as the insurance company is not paying you on time, you’re not getting the medical treatment requested, or there is a problem with getting a release to go back to work, that’s when would be a good idea to contact a lawyer,” says Yoro.

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Besides the above, here are a few other reasons you may want to contact an attorney after being injured on the job:

  • You were injured because of a third party‘s actions or your employer’s serious negligence. The workers’ comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers’ comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn’t have workers’ comp insurance, or your employer intentionally caused your injury. An experienced lawyer will be able to explain how the law applies to your situation.
  • If you plan to apply for Social Security Disability benefits, and if your settlement isn’t structured properly, your workers’ comp benefits could significantly lower Social Security disability payments. An experienced attorney will understand how to draft your settlement agreement to minimize or eliminate this offset.
  • If you are injured at work or while doing any activity that benefits your employer, and you are considered an employee under California law, then you should be getting workers’ compensation benefits.
  • If your boss retaliates against you for filing a workers’ comp claim, including firing you, demoting you, cutting your hours, reducing your pay, or discriminating, contact an attorney immediately to protect your legal rights. You should never be terminated by your employer just because you were injured on the job or because you have requested workers’ compensation benefits.
  • If you are having trouble communicating with the employer’s doctor, or the doctor does not seem to care about your well-being as much as your family physician might. If you want to make a change in your medical care, a workers’ compensation lawyer can be a great asset. He or she can provide helpful information about who would be the best person to use for your unique health situation and type of injury.
  • If you have permanent disability because of your work injury, your employer or their insurance company may offer to settle your claim. However, this settlement may not account for the full value of your disability. An attorney will be able to tell you about what the average workers’ compensation settlement might be for a case like yours.
  • Your employer’s settlement offer doesn’t cover all your lost wages or medical bills. If you’re not sure a settlement offer is good enough, don’t rely on the workers’ compensation judge to make sure that you’re getting a fair deal. Although workers’ comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it’s not grossly unfair. If you really want someone to get you the best settlement possible, call an attorney.

In all, the average injured worker does not understand the workers’ compensation system. That means that you might not know how much money you are supposed to get after a work injury. Some people may not realize that they are supposed to get benefits at all. Many workers put a lot of trust in their employer or its insurance company and count on them to tell the worker what they should and should not do and how much money they should get. This trust is often misplaced, however.

The accident, injury and workers’ compensation law firm Chain | Cohn | Stiles is home to two lawyers who are state certified as specialists in workers’ compensation law, awarded to legal professionals who have gone beyond the standard licensing requirements. In fact, Chain | Cohn | Stiles is the only plaintiff’s law firm in Kern County that has two attorneys who are state certified as specialists in workers’ compensation. Learn more about Jim Yoro and Beatriz Trejo at chainlaw.com.

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If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Chain | Cohn | Stiles attorney Beatriz Trejo delivers keynote speech at CSU Bakersfield’s ‘Chicano Commencement Celebration’

May 17, 2017 | 9:28 am


Beatriz Trejo, Chain | Cohn | Stiles workers’ compensation attorney, was recently honored to deliver the keynote speech at the CSU Bakersfield “Chicano Commencement Celebration” held May 14 at the Icardo Center.

Trejo earned her bachelor’s degree in political science from Cal State Bakersfield and her master’s degree in political science from Cal State Northridge. She returned to Bakersfield after earning her law degree from the University of Akron School of Law in Ohio.

She is currently the president of the California Applicants’ Attorneys Association, Bakersfield Chapter. She also supports local programs focused on advancing Latinos and Latinas in Kern County, including Latina Leaders of Kern County and the Kern County Hispanic Chamber of Commerce’s Small Business Academy. Recently, she was selected as the 2017 winner of the “Young Workers’ Compensation Lawyer of the Year” by the State Bar Workers’ Compensation Section.

CSUB celebrated its first “Chicano Commencement Celebration” in the spring of 1980.

“It is a celebration of the Latino struggle in higher education and of growing academic success of all underrepresented communities,” said Dr. Thomás Martinez, professor of public administration at CSUB.

Trejo delivered the speech in front of more than 200 graduates, and over 3,500 in attendance. Her complete speech is below:

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Primero que nada, le quiero desear un muy feliz Dia de las Madres a todas las madres presentes, incluyendo a la mía quien es esta aquí hoy. A las que apoyaron as sus graduados y a las que hoy celebran su propia graduación.

I’d like to thank Omar Correa, the Chicano commencement planning committee, and Cal State Bakersfield for giving me the opportunity to speak to you today. This is a tremendous honor.

By now you’ve heard it from your family, faculty, significant others, SnapChat and Instagram friends, but I will say it again: Congratulations — #TurnUp.

For those of you that don’t know me, and haven’t had a chance to google me, I am an attorney here in Bakersfield who sat in your seat 14 years ago. I am like you from the future. I really doubt google says that last part.

I was informed by the commencement committee that there are 215 graduates in attendance today and we have over 3,500 people in the audience. That means each of you brought an average of 16 guests.

Let’s think about that for a minute. That means that only half of your cousins got tickets.

But seriously, this means that each and every one of you has an entire community that not only supports you but is proud and wants to see you succeed. As Latino college graduates You have beaten the odds. You fought and struggled and today you celebrate this great accomplishment.  You beat the odds that were stacked against you when it came to high school graduation rates, college enrollment, retention, and now graduation.

You as educated Latinos you now carry all of our hopes and dreams for this community, mine included. Your success reflects on all of us. Our hope is that you will bring about change, change here in Bakersfield and our communities and neighborhoods.

Whether you like it or not, you will now be held to a higher standard than others. I don’t think this is news to anyone here. For the Latina women here today, this goes double for you.

I have a bachelor’s degree, a master’s degree, a juris doctorate’s degree, three years of experience working in higher education, and five years as an attorney, yet not a week goes by that I am not mistaken for a secretary or an interpreter. Please don’t misunderstand me for these are perfectly fine professions, but not once has anyone assumed that I was the managing partner of my firm.

A while back, I was at a mediation with two senior partners. Once we reached a settlement, we all sat down together and I began reviewing the terms of the agreement, to which I told our opposing counsel that there were terms in the document we would not agree to. With a look of dismay, he turned to my boss and asked ‘is this your paralegal?’ After I explained to him my role he agreed to our proposed changes. I think this was more shocking to my boss than it was to me. Unfortunately, I see this much too often. The challenge for me that day was balancing professional decorum and civility with pride and ego.

You too will have those challenging days, days when someone will challenge your ability not based on your performance but based on what you look like. It is the hard days the days that challenge you to very core that will determine who you are; your character will be defined not just by what you achieve but also by how you react in the face of that challenge.

Our lives are shaped by the cutting edge of our experiences. I want you to keep this in mind, your struggles and challenges have made you a better candidate for success.

Fourteen years ago while sitting where you are sitting now I had a plan, I knew exactly what my life would be both in my personal life and in my professional life. I cannot tell you how happy I am that those plans failed. I would not be speaking to you today had those plans came to fruition.

About a decade ago I was living in L.A., freshly introduced to the world of student debt working a job that was not very challenging; needless to say, I was very frustrated with this situation. I assumed right after graduating with a master’s degree, doors would open and I would find the career of my dreams. This did not happen. I took this as a failure on my part. This is when I learned the piece of advice I want to pass on to you – there is no such thing as a failure, only a change of plans.

To give you an example: I know there are some of you that perhaps failed a class in your time here at Cal State, but you did not allow that failure to be an option, you kept going. You took the class again, you changed majors, or you were able to compensate with other classes. But for you failure was not an option, you simply had a change of plans.

As for me, I took my career failure and began to look into other careers. Somehow, I got the brilliant idea that I could go to law school because frankly, I didn’t know any better.

I enrolled at the University of Akron school of law in northeast Ohio. I was one of only three Latinos in the entire entering class. There were so few minorities at this school that the Asians and Latinos had to unite in order to have enough students for a student club, so we had the Asian-Latino law student association. Not only that, but there were no good Mexican restaurants in Akron, Ohio  and it snowed 5 months out of the year.

Don’t get me wrong, I love Ohio. But if someone would have told me on the day I graduated from Cal State Bakersfield that five years later I would be in Ohio, unemployed, and digging my car out the snow in order to make it to class, I would have said, ‘You have the wrong person.”

The same goes for you. Life is what happens when you are busy making other plans and by no means should a change in plans be considered a failure.

Having a plan is great, but just know that you will likely have several changes of plan throughout your life, but each change of direction is only getting you closer to where you need to be. Where you are needed and where you can provide the most benefit to those around you.

And as you start your journey into the post-grad era of your life remember that your path will be unique and there is no point in comparing your path to others. With social media it is so easy to fall into the trap of comparing yourself to others or creating an alternate version of your life for others. In the end no one cares what you had for lunch and anyone that knows you, knows that you are not that pretty without a filter. #Truth True identity is not found in any app in your phone. Your identity is something that you are constantly earning; it is an ongoing and ever evolving process.

So for those of you graduating with a plan, good for you, you are on the right track, and for those of you graduating without a plan, good for you, you are on the right track. Remember that this is a world of infinite possibilities. Do not feel that your next step is the most important step you’ll ever take. It’s not. It is simply another step in the evolution of you.

Do not feel rushed to feel that sense of accomplishment. It took me 14 years and in invitation to speak at the Chicano commencement before I realized that I am exactly where I am supposed to be.

Los planes son geniales pero las metas son mejores. Plans are great, but goals are better.

A goal is not nearly as rigid as a plan. Your goal could simply be to help others, or to provide for you family. The path that your goals will take you, will be ever changing. No matter what goal you set for yourself today I can honestly tell you that achieving a goal will not come without hard work.

When I was in law school a professor shared this piece of advice that has stuck with me throughout the years. He said, ‘throughout your career you will encounter opposing counsel that will be smarter than you, more experienced than you, and with more resources than you, but they will not outwork you. That’s the part that you control.’

We cannot control our background, we cannot control our upbringing, we cannot control our gender, or race, or the state of the economy, we cannot control the cards we were dealt, but we can control how hard we work to achieve our goals.

We can control how late we stay and how early we arrive. We know that we cannot knock on doors and climb the ladder of success with our hands in our pockets. Most of us learned our work ethic from our parents. Before all the graduation celebrations are over make sure to thank your parents and those who supported you  for their hard work and sacrifice.

Así de duro como han trabajado para llegar aquí hoy, ellos han trabajado más duro para darles la oportunidad de estar aquí hoy. As hard as you have worked to get here today, they have worked harder to give you the opportunity to be here today.

Make sure to thank that entire community that is here for you, even the ones that didn’t get a ticket are happy and proud of you.

In fact, let’s thank them right now. Can I get all of the graduates to stand up for moment? OK, I want you to turn to the audience and give them a round of applause.

Class of 2017, as you leave here today, I would like for you to continue to think of Cal State Bakersfield as your home. This university has now been my home for over a decade. In fact, I continue to attend alumni events. Just a few days ago, I attended the Spring barbecue. In 2011, I studied for the bar exam on the third floor of the library. I left a pink sweater there that hopefully is still in lost and found. The point being is that this university is also part of your community of support.

In conclusion, I leave you with the following thought. The poet, Omar Kyaam, once said, “Not one returns to tell us of the road, which to discover we must travel ourselves.” I have returned to tell you that your road to self-discovery is just beginning. Embrace the journey ahead.

Enjoy your commencement festivities, you have earned every minute. Felicidades

Week of firm philanthropy includes fundraisers for disabled residents, alumni scholarships, families of fallen officers

October 21, 2015 | 8:59 am


Chain | Cohn | Stiles this month is supporting several causes throughout Kern County including an event that raises funds to provide programs and services to local children and adults with intellectual and developmental disabilities, another fundraiser to assist families of fallen officers throughout Kern County, and an event to provide scholarships to Cal State Bakersfield students.

Learn more about these causes, and others supported by the Bakersfield-based law firm, below:

CHiPs FOR TIPS

California Highway Patrol will host its sixth “Tips for CHiPs” luncheon fundraiser on Wednesday, Oct. 21, at Outback Steakhouse in Bakersfield, and Chain | Cohn | Stiles is serving as a sponsor.

The fundraiser benefits the California Association of Highway Patrolmen Widows and Orphans Trust Fund, which helps families whose loved ones are killed in or off the line of duty. The fund is organized by the California Association of Highway Patrolmen, a nonprofit that represents about 11,000 active and retired CHP officers, and is dedicated to assisting families of CHP officers.

At the luncheon, CHP officers serve diners and wait on tables. For $25, diners can choose from a menu of steak, chicken or salmon with all the trimmings. Side dishes include bread, salad, vegetables, mash potatoes, and, of course, the restaurant’s famous Bloomin’ Onion. Dessert is also included.

In six years, the organization has raised nearly $100,000 to assist local families, making Kern County’s event the single highest fundraising event for the Widows and Orphans Fund in California, organizers say.

Tickets are $25, and can be purchased at the door starting at 11 a.m. For more information, visit the Tips for CHiPs Facebook page by clicking here.

Chain | Cohn | Stiles for years has supported CHP causes and programs. Many times, the Kern County attorneys represent CHP officers in workers’ compensation* and personal injury cases.

To see previous news coverage of the event, click here.

NEW ADVANCES FOR PEOPLE WITH DISABILITIES

New Advances for People with Disabilities (NAPD) is hosting its 21st annual Friends of NAPD “Walter H. Cochneuer Memorial,” golf tournament on Friday, Oct. 23, at Buena Vista Golf Course.

The local nonprofit provides critical services every day to more than 500 children and adults in Kern County with intellectual and developmental disabilities to empower them to live more productive, rewarding and independent lives. The golf tournament helps make sure these services continue to be provided to these people in need.

To join Chain | Cohn | Stiles in getting involved, call 661-395-1361. For more information on NAPD, call 661-327-8531 or visit the web page here.

CSU BAKERSFIELD ALUMNI ASSOCIATION ‘PARTY IN THE PARK’

Cal State Bakersfield’s Alumni Association will host its annual “Party in the Park” on Friday evening, Oct. 23, at the CSUB Alumni Park.

Funds raised from the event go toward alumni scholarships, membership outreach, and mentoring opportunities for current CSUB students.

Two Chain | Cohn | Stiles associates are alumni of CSUB:

  • Chad Boyles earned his bachelor’s degree from CSUB before attending law school at Whittier Law School.
  • Beatriz Trejo earned her bachelor’s degree as well from CSUB before getting her master’s degree from Cal State Northridge and law degree from University of Akron School of Law.

For more information on the event, go to www.csub.edu/partyinthepark.

MORE OCTOBER COMMUNITY SERVICES

Here are a few other October events and causes supported by Chain | Cohn | Stiles. To see a list of organizations supported in recent years by the law firm, click here.

  • Nathan’s Army 5K, held Oct. 3, raises money to help cure pediatric brain tumors.
  • For the entire month of October, Chain | Cohn | Stiles lights at its new building in downtown Bakersfield will be shining pink in honor of Breast Cancer Awareness Month. See a picture here.
  • The law firm served as a sponsor for the 99 Music Fest and the Supermoto Invitational Jump Start Classic.

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*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

CCS takes part in American Heart Association’s ‘Heart Walk,’ ‘Lawyers Have Heart’ fundraiser

October 17, 2014 | 9:24 am


It’s widely known that heart disease is the No. 1 killer in the United States, which claims more than 800,000 American lives each year.

In Bakersfield, the American Heart Association hosts the annual Bakersfield Heart Walk to celebrate those who have made lifestyle changes and encourage others to take the pledge to live healthier lifestyles. The event also raises money needed to fund life-saving research and initiatives in our own local community.

This year, the Bakersfield Heart Walk will be held Saturday, Oct. 17, at Cal State Bakersfield (CSUB). The Bakersfield personal injury law firm Chain | Cohn | Stiles is proud to support the American Heart Association and the Bakersfield Heart Walk this year.

The Heart Walk will also feature the “Lawyers Have Heart” 5K, which also raises money for the research and community education programs related to the American Heart Association. The event brings together law firms and attorneys to raise awareness of heart disease and strokes. 

This year, CCS partner Matt Clark will take part in the Lawyers Have Heart 5K. This event began in 1991, and since then has raised more than $7.5 million for the American Heart Association and its causes. The event aims to raise awareness, and to also show local communities that local attorneys case about making a difference, while also promoting exercise and fitness. Today, Lawyers Have Heart has grown to by one of the largest philanthropic endeavors supported law firms and legal vendors in the United States.  

The Lawyers Have Heart 5K and Heart Walk in Bakersfield has raised $185,000 so far, with the goal of raising $210,000 to fund life-saving research and health initiatives in Kern County.

The Oct. 18 event will feature a 5K timed run, 5K walk, 2-mile walk, survivor’s lap, kid’s zone, health screenings, VIP tent for Top Walkers, vendor tents, a team T-shirt contest and more. Adult survivors will be honored with hats, and child survivor will receive special Heart Hero capes. Lunch will be donated by Subway.

There is still time to sign up to help. The Lawyer Have Heart run is $35 per participant, and all runners will receive a T-shirt.

This year an estimated 785,000 Americans will have a new coronary attack and about 470,000 will have a recurrent attack. It is also estimated that an additional 195,000 silent heart attacks occur each year. Join Chain | Cohn | Stiles and support the American Heart Association.

For more information, go to Kern County’s American Heart Association’s web page here or visit the American Heart Association Kern County’s Facebook page here.

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UPDATE: CCS partner Matt Clark competed and came in second place overall in the “Lawyers Have Heart” 5K on Saturday at Cal State Bakersfield. See his photo finish here.