California Workers' Compensation Attorneys for On-The-Job Injuries

Under California law, like most states, when an employee is injured in the course of employment, as a result of the negligence of the employer or a co-employee, the injured employee is not allowed to sue the employer for personal injuries in the Superior Court.

Under the California Workers' Compensation statutes adopted by the Legislature, the injured employee's only recourse is to file a workers' compensation claim for benefits before a special administrative agency - the Workers' Compensation Appeals Board. These cases are heard and decided by an administrative judge. There is no right to trial by jury. Benefits available include, among others, medical care, limited disability pay, rehabililtation and retraining and a range of awards for permanent disability and death which are insulting low and insufficient. The gross inadequacies of the workers's compensation system underscore the need to purchase disability income insurance from a private carrier.

On the positive side, workers' compensation benefits are available even in cases where the employee through his/her own mistake or inattention causes his/her own injury. Workers' compensation law, unlike civil courts, does not attempt to determine if someone's fault caused the injury. Instead, because this body of law ignores the issue of fault, workers' compensation cases focus on whether the injury was caused or incurred as a result of employment, the nature and extent of the injury, and the available remedies under this administrative law system.

Workers' compensation cases are litigated by attorneys and adjusters for the employer or the employers workers' compensation insurance company. The State Bar of California's Board of Legal Specialization has certified specialists in workers' compensation, some of whom are listed below. Those listed in capitals are personally known and recommended, but the choice and selection of a lawyer is a personal choice. Before hiring a workers' compensation specialist, read "How to Hire the Right Lawyer" on The Consumer Law Page [consumerlawpage.com].

In limited cases, an injured employee can sue his/her employer in the Superior Court in cases where the employer has failed to have workers' compensation insurance, the employer intentionally injured the employee or knowingly allowed the employee to work in an environment that was known to the employer to be hazardous to the employee. The most notorious example of the latter situation was the infamous misconduct of Johns-Manville Corporation. JMC knew that its employees were being continually exposed to life-threatening asbestos, but never removed the employees from the hazard and never warned its employees that the company knew that it was subjecting its employees to major injuries, disease and death. As a result, many states now exclude such willful misconduct from the statutory protection, or the exclusive remedy, of workers' compensation and allow such cases to be brought directly against the wrongdoer with damages awarded by a jury.

The California attorneys are recognized as certified specialists by the State Bar Board of Legal Specialization. Those whose names are capitalized are known by the author as reputable professionals, but as always the selection of an attorney is a personal decision, which a client must make independently.

Daniel Abramson
1234 H Street
Sacramento, CA 95814

Linda Atcherley
2333 first Avenue, #201
San Diego, CA 92101

Steven Birnhaum
1255 Post Street, Suite 850
San Francisco, CA 94109

Melissa Brown
2315 Capitol Avenue
Sacramento, CA 95860

Joseph Capurro
944 Saratoga Avenue
San Jose, CA 95129

Francis Clifford
100 Van Ness Ave., 19th Floor
San Francisco, CA 94102

Lawrence Drasin
1849 Sawtelle Blvd., Ste. 500
Los Angeles, CA 90025

David Dugan
2445 5th Ave., #350
San Diego, CA 92101

John Frailing
PO Box 3111
Modesto, CA 95353

Donald Gangemi
5620 Hilltop Drive
Paradize, CA 95969

Mark Gearheart
PO Box 23588
Pleasant Hill, CA 94523

Vernon Goldschmid
3345 Wilshire #600
Los Angeles, CA 90010

DON GREEN
1234 H Street
Sacramento, CA 95814

Marilyn Green
200 Pine Avenue, Suite 600
Long Beach, CA 90802

ARTHUR JOHNSON
481 North First Street
San Jose, CA 95112

Bernard Katzman
111 W. Ocean Blvd., 19th Floor
Long Beach, CA 90802

Laurence Lerner
141 N. Arrowhead Ave. #1
San Bernardino, CA 92408

Stanley Levine
600 B Street, Ste. 2300
San Diego, CA 92101

Euegene Leviton
200 W. Santa Ana, Suite 600
PO BOx 1644
Santa Ana, CA 92701

Todd McFarren
119 E. Beach
Watsonville, CA 95076

EMMETT O'BOYLE
245 West Laurel Drive
Salinas, CA 93906

Roy Otis
PO Box 23588
Pleasant Hill, CA 94523

Michael Ozurovich
3655 Torrance Bl., Suite 405
Torrance, CA 90503

Thomas Pegnim
3105 Lone Tree Way, Ste. A
Antioch, CA 94509

Don Pekich
PO Box 1700
Long Beach, CA 90801

Lloyd Rowe
One Civic Plaza, Suite 300
Carson, CA 90745

MICHAEL RUCKA
245 W. Laurel Drive
Salinas, CA 93906

Eric Safire
451 Jackson St. 3rd Floor
San Francisco, CA 94111

Marvin Shapiro
801 S. Grand Avenue, 18th Floor
Los Angeles, CA 90017

Edwin Silver
111 W. Ocean Blvd., 19th Floor
Long Beach, CA 90802

Dennis Sommese
3000 Arden Way, Ste. 1
Sacramento, CA 95825

SAMUEL SWIFT
2102 Almaden Road, Suite 107
San Jose, CA 95125

Robert Vines
650 E. Hospitality Lane, Suite 450
San Bernardino, CA 92408