Workers Compensation Law
Our firm has provided advice and representation to employees who have been injured while performing their usual and customary job duties in all forms of employment situations, including those involving physical labor, professional, and technical occupations, since 1972. Our firm’s representation includes all forms of industrial injuries sustained on the job including but not limited to orthopedic injuries, neurological injuries, and psychological injuries. This area of law is formally known as workers’ compensation law, though it is often referred to as workmans comp law. We pride ourselves in establishing and maintaining a professional relationship with each client, and our attorneys remain directly involved in all aspects of a client’s case, from start to finish.
How we’ll help you with your Workers Compensation claim:
We handle the initial preparation of all necessary claims and applications on behalf of the injured worker as required by law. We also represent the injured worker in all hearings before the Workers Compensation Appeals Board necessary to pursue the injured worker’s claims for benefits as defined in California Workers Compensation law. Some of those benefits include temporary total disability benefits, reasonable and necessary medical treatment for the on-the-job injuries, and permanent disability benefits at the end of the case.
Our firm aggressively fights for our client’s rights and assists our clients in obtaining the benefits to which they are entitled. Though California is a no-fault state for injured workers, employers often deny an employee’s industrial injury claiming, for example that (a) the statute of limitations has run; (b) the injured worker made a claim for benefits after the termination of his or her employment; (c) the industrial injuries were not sustained during the injured worker’s period of employment; or (d) the industrial injuries were not sustained while the worker was performing his or her usual and customary job duties. It requires the skill of an experienced attorney to defend the rights of injured workers against denials such as these.
Our attorneys also assist injured workers obtain the necessary medical treatment they need, as well as obtain their rightful temporary and/or permanent disability benefits. We also handle the task of obtaining the required medical reports necessary to translate the injured worker’s permanent injuries and disabilities into an amount of permanent disability benefits and need for future medical treatment necessary to obtain a satisfactory settlement for the injured worker.
Our firm also represents employers in select cases where the employer has been named in a workers compensation claim by an injured worker and does not have the state required workers compensation insurance coverage, and/or is facing claims of either discrimination against injured workers as set forth in Labor Code section 132(a), and/or claims of serious and willful misconduct, neither of which can be insured against by employers.
Our firm also diligently alerts clients to additional non-workers compensation benefits that the client may be entitled to, including social security disability benefits, California State Disability Insurance / Unemployment benefits, possible third party personal injury law suit claims against persons who have caused the client’s injuries that are not employed by the client’s employer. Though our firm does not handle these kinds of actions or benefits, we often make referrals to clients to
James Talley has been a Family Law Specialist since 1980 and a Workers’ Compensation Specialist since 1987, having been certified in both specialties by the State Bar of California, Board of Legal Specialization.
Contact James Talley
Thomas E. Galyean has over 35 years of experience litigating cases as an attorney and he has served as a mediator, arbitrator, and settlement panel judge pro tem for the San Diego Superior Court for over 20 years. His fees for mediation services are $140 per hour, $400 per half-day (3 hours), and $750 per full day (6-7 hours).
Contact Tom Galyean
