Information - Navarette Law Firm

The Workers’ Compensation System

The workers’ compensation system is designed to deny you of your work comp benefits no matter what type of job you work or how long you have worked there. You only have to be on the job for one day, and because of bad luck or something else, you injure yourself at work.

The Navarette Law Firm represents all types of injured workers in all types of jobs:

Construction Workers, Roofers Mechanics, Home Improvement Workers, Landscapers Factory Workers, Machinists Cooks, Housekeepers Grocery Store Workers, Caregivers, Dishwashers, Laborers, Warehouse Workers, Nurses, Food Servers/Bus Boys, School Workers, Plumbers, Electricians, Carpenters, Welders, High Tech Workers, Drivers, Delivery Workers,
Medical Assistants, Dental Assistants, Office Workers, Nannys, and more.

These are just a few of the types of jobs worked by the people just like you that Attorney Arthur Navarette has represented over the past 30 years, who have had a workplace accident or workplace injury.

Injured workers need to report their workplace injury right away so their claim is not “denied.” Contact Attorney Arthur Navarette, Esq. so he can get working hard for you immediately. The insurance companies have attorneys working hard for them, you need an experienced workers’ compensation lawyer like Arthur Navarette working hard for you.

Call Attorney Arthur Navarette at 408-275-9500 for your free workers’ compensation consultation or fill out the form above.

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Temporary Disability Benefits

When you have an injury at work, your doctor may take you out of work which can leave you without a paycheck. How are you supposed to support your family if you are out of work without a paycheck, especially since most people live paycheck to paycheck?

Will I get paid if I can’t work?

When a work comp doctor puts you out of work because of a workplace injury, the workers’ compensation insurance company is supposed to pay you 2/3 of your average weekly wage, up to a current maximum of $1,539.71 per week. This is called temporary disability benefits, also known as TD benefits.

How long will I get paid if I can’t work?

The maximum amount of time you can receive TD benefits in the workers’ compensation system is a total of 104 weeks, or in other words 2 years total. Those two years of TD benefits can be in broken periods or can be consecutive, but the total 104 weeks must be within 5 years of your original injury date.

What Happens if the insurance company doesn’t pay me TD?

For example, if you were injured on January 1, 2022, you can only receive TD benefits until December 31, 2026, but once again, it is limited to 2 years’ total worth of TD benefits. But the insurance company will sometimes short-change your TD check and not pay you the right amount or stop paying you altogether. We will fight for your TD benefits for you, plus fight for a 10% penalty against the insurance company for you.

What do I do if the workcomp insurance company doesn’t want to pay me?

What do you do if the workcomp insurance company is paying you less than you should be getting or does not even pay your TD benefits at all? You call The Navarette Law Firm at 408-275-9500 for your free consultation and speak with Attorney Arthur Navarette directly. We will fight for you for your TD paycheck and take it to court if we have to. Call us today so we can begin fighting for you today!

Questions and Answers

Do I have a case?
The honest answer is, we don’t know yet. But we will analyze your specific case and give you a no-nonsense answer once we have the exact details of your specific employment law situation because just like people, every case is different.

How much do you charge for a consultation?
Your employment law consultation is absolutely free for sexual harassment, overtime, workers’ compensation and class-action cases.

How much will you charge me to litigate my case?
Not one penny unless we recover compensation for you. Our attorneys’ fees can be paid either hourly or on a contingency basis (somewhat like a commission). Our contingency fees range from 15 percent to 40 percent depending on the type of case you have.

Should I sign the termination paperwork my employer gave for me to sign?
Unless you completely understand the legal ramifications of what you are signing, it is a bad idea to sign anything before you have consulted an experienced employment law attorney, like the employment law attorneys at the the Navarette Law Firm who have over 20 years of experience in employment law.

How long will my case take?
Some cases resolve in a matter of a few months, but some cases take between six months and one year to resolve. This excludes class actions.

If I already have an attorney but am dissatisfied, can I seek the services of a different attorney?
Yes. And typically you will not owe your former attorney a fee; your new attorney will likely have to split the total fee with the former attorney. Also, you do not have to tell your former attorney that he or she is fired. Your new attorney can send a letter to your former attorney notifying him or her that you have a new attorney. Moreover, your new attorney should be able to obtain your complete file for you so you don’t have to be confronted by your former attorney. (Please note this is not a solicitation for you to fire your current attorney.)