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Can An Employee Have a Workers’ Compensation Claim and a Labor Law Claim Open at the Same Time and in Reference to the Same Event?

By Ochoa & Calderon |

Workers’ compensation claims arise from workplace injuries. Often, workplace injuries come about as a result of employer negligence. For instance, employers might fail to provide proper safety equipment, they could fail to provide appropriate training, or they may require workers to perform unsafe tasks. If you have a labor law claim against your employer… Read More »

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Can an Employer Summarily Terminate an Employee After He Is Released From Care and Given Permanent Work Restrictions in a Work Injury?

By Ochoa & Calderon |

Workers’ compensation provides benefits in the event of a workplace injury. There are limitations to what workers’ comp and other California worker protection laws and regulations provide, however. Many injured workers worry, rightfully, about whether their job will be waiting for them after they recover. Those worries are compounded if the injury leads to… Read More »

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Do I Have to Pay the Attorney Up Front?

By Ochoa & Calderon |

Hiring the right lawyer is necessary to protect your rights in a variety of circumstances. If you’ve been injured by a negligent party, hurt on the job, or if you’ve had your workplace rights violated by an employer, you deserve compensation. You need a good lawyer on your side to make sure you get… Read More »

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Can an Employer Retaliate Against an Employee For Sustaining, Reporting or Serving as Witness for a Work-Related Injury?

By Ochoa & Calderon |

Even employees who are aware that they are covered by workers’ compensation are often worried about reporting a workplace accident. Workers may be concerned that reporting an accident they caused can hurt their job prospects, or that an employer will be upset that the employee is costing them money by filing an insurance claim…. Read More »

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What Happens if Someone Gets Into a Car Accident While Working?

By Ochoa & Calderon |

Traffic accidents are among the most common causes of injury across the country every year. They are also among the most common causes of workplace injury. Although when people think of a “workplace accident” they often think of a slip-and-fall or a factory explosion, traffic accidents during the workday are extremely common in many… Read More »

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Railroad engineer injured in an accident at work. Railroad engineer injured in an accident at work on the railway tracks. Coworker calling for help

Can I Be Fired for Reporting a Work Injury?

By Ochoa & Calderon |

If you are injured on the job in California, you are guaranteed certain rights. You have the right to workers’ compensation coverage, the right to take certain types of medical leave, and other rights as well. Many workers worry about reporting a workplace injury because they do not want to admit they did anything… Read More »

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Can an Employer Terminate an Employee While on Disability Leave Due to a Work Injury?

By Ochoa & Calderon |

Injured workers are often concerned about taking disability leave. Even with rights guaranteed by California and federal law, workers harbor doubts about whether they can truly exercise their rights without any retribution. Employees are right to be concerned; employers are not always the most scrupulous when they feel they are losing money on an… Read More »

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How to File an Employment Discrimination Claim in California

By Ochoa & Calderon |

California law protects workers against discrimination based on a number of personal characteristics, including race, religion, sexual orientation, and gender. If you are experiencing discrimination in the workplace based on your membership in a protected class, you have the right to seek justice. California has procedures employees must follow in order to bring a… Read More »

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Man in arthritis knee brace working on laptop at home rehab period and freelance

How Do Workers’ Compensation Liens Work?

By Ochoa & Calderon |

California law ensures that workers injured on the job be covered by workers’ compensation. Workers’ compensation is meant only to compensate workers for their injuries, however, rather than give them a windfall. If an injured worker can recover damages from another source, such as a personal injury lawsuit, then allowing them workers’ compensation coverage… Read More »

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What is Whole Person Impairment?

By Ochoa & Calderon |

California workers injured on the job are entitled to certain benefits. Depending on the severity and anticipated longevity of the injury, an employee may be entitled to long-term disability benefits. To determine whether an employee is eligible for disability benefits, the state assigns a “percentage” of disability based on the nature of the injury… Read More »

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