Sacramento Firm Answers Frequently Asked Questions
California attorneys answer your workers’ compensation, car accident and employment questions
Q. What happens if I’m injured on the job?
A. You may be entitled to compensation for your medical expenses and other damages you suffered, either through workers’ compensation or from a negligent third party, or both. You may also be entitled to Social Security Disability if you are permanently disabled from the injury.
Most workplace injuries are covered by workers’ compensation laws. As soon as you are injured, report the injury to your employer. If the injury is one that developed over time, such as a repetitive motion injury (e.g., carpal tunnel syndrome), report this to your employer as soon as it is discovered. Next, seek medical treatment for the condition, either through your own doctor or from a healthcare provider chosen by your employer. If the injury is one that requires emergency medical care, do not hesitate to seek treatment right away.
Your employer should provide you with a workers’ compensation claim form in person or by mail within one day of learning about the injury. Fill out the form and return it to your employer as soon as possible.
Attorneys at Mastagni Holstedt, APC can assist you throughout the workers’ compensation process, including any necessary trials or appeals if a dispute arises as to your claim. Our skilled lawyers can also help determine whether a third party is also responsible for your injury through premises liability, products liability, or some other form of negligence.
Q. What should I do if I’m injured in a car accident?
A. Seek emergency medical treatment for yourself and any others. Exchange information with the other driver, including names, contact information, and insurance information. Also collect contact information from any witnesses to the accident, and take notes or pictures of the scene, including the damage to both vehicles and any property.
As soon as possible after the accident, follow up with your own doctor for a thorough examination and any diagnostic testing that may be required. An experienced personal injury lawyer who has handled automobile accidents before can advise you on the proper steps to take to make sure you receive proper medical care and that your rights to any legal recovery are protected. If another party was at fault, you may be entitled to receive reimbursement for your property damage and present and future medical expenses, as well as compensation for present and future lost wages, pain and suffering, and related damages arising from the incident.
Q. Is it true that salaried employees are not entitled to overtime pay when they work more than forty hours in a week or more than eight hours a day?
A. Not necessarily. Being paid on a salary basis is required to be considered exempt from overtime, but it is only one of many criteria which must be present. Whether your boss is claiming an administrative, executive, or professional exemption for you, each category has its own tests which must be analyzed in light of the work you actually perform. Thousands of employees statewide are misclassified as exempt and denied the overtime to which they are entitled. If you feel that you have been misclassified, you should discuss your situation with an experienced labor law attorney. You may be able to recover several years’ worth of unpaid wages that are owed to you.
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