San Francisco Workers Compensation Attorney
Some employers will do whatever it takes to cheat their employees out of what they are legally entitled to receive. We do not want you to be subjected to your employer’s illegal compensation practices any longer.
At Le Clerc & Le Clerc LLP, we know how stressful it can be to take legal action against your employer. Money can be tight, and anxieties can be high. That is all the more reason to contact an attorney to take over your case and the battle you face. We will support you during the process, so you have one less thing to worry about when pursuing fair pay for your work.
San Francisco Fair Compensation Laws
Multiple laws protect your right to fair pay in San Francisco, California. These include federal, state, and municipal regulations designed to ensure you earn enough to live on and receive it in a timely fashion. Some of the most critical include:
- Federal laws like the Fair Labor Standards Act (FLSA) set a minimum wage for the entire country and mandate overtime for non-exempt workers. The Equal Pay Act requires all workers receive equal pay for equal work.
- California laws set the minimum wage higher than the federal limit and reinforce the Equal Pay Act.
- San Francisco laws set the minimum wage at $16.99 as of July 1st, 2022. They also require employers to provide paid sick leave to all workers, including temporary and part-time employees.
What Counts as Unfair Compensation?
If your employer is not compensating you per federal or state laws or your employment contract, you are not being fairly compensated. At Le Clerc & Le Clerc LLP, we handle a wide variety of compensation issues, including but not limited to the following:
- Bonuses: If your employer has promised you extra pay for achieving a specific result, that is a non-discretionary bonus. If you meet the requirements and your employer withholds the bonus, you may have grounds for a compensation claim.
- Commissions: If your company has underpaid, delayed, or miscalculated your commissions, they are not compensating you fairly.
- Equal Pay: Companies cannot discriminatorily pay workers differently for doing the same work.
- Overtime Pay for Salespeople: Most salespeople are eligible for overtime unless paid with commissions that meet California’s specific definition. If you don’t receive overtime as a salesperson, you may be underpaid.
- Layoffs & Furloughs: Employers must meet specific requirements when laying off or furloughing workers. Your company might have violated your right to fair compensation if it did not meet these requirements.
Frequently Asked Questions
What is the maximum workers’ compensation settlement in California?
Workers’ comp settlements can be structured in two ways: lump sums or ongoing payments for care. The first is known as a compromise and release agreement, and the second is a stipulation and award agreement.
The maximum workers’ compensation settlement in stipulation and award agreements is determined based on the state’s temporary and permanent disability compensation rules. In California, this means you’re eligible for two-thirds of your average weekly wages, up to a maximum of $1,539.71 per week. You may also receive additional compensation for your medical bills and mileage.
The maximum compromise and release settlement in California is calculated based on how long you assume you will receive disability benefits multiplied by the maximum payments weekly payments you could receive. This varies significantly from case to case, so it is in your best interest to consult an attorney.
How long do most workers’ comp settlements take?
The time it takes to settle a workers’ compensation claim can vary significantly. If all parties work together, claims can be resolved in just a few weeks. However, if the insurance company tries to underpay or deny your claim, it can take months or even years to fully resolve the matter in a workers’ compensation hearing.
What happens after 104 weeks of workers’ comp in California?
Most workers’ compensation benefits cease after 104 weeks, which is how long temporary disability benefits last. However, if your case meets specific criteria, benefits may be extended to 240 weeks. These exceptions include:
- Acute and chronic hepatitis B
- Acute and chronic hepatitis C
- Severe burns
- Human immunodeficiency virus (HIV)
- High-velocity eye injuries
- Chemical burns to the eyes
- Pulmonary fibrosis
- Chronic lung disease
If you are determined to have a permanent disability, you may continue to receive smaller payments after this date, calculated based on your percentage of disability and your wages before you were injured.
Can you see your own doctor on workers’ comp in California?
You may be able to see your own, current doctor while on workers’ compensation if you predesignate them. To do this, you must notify your employer in writing of your preferred physician before you are injured. If you have not predesignated a doctor, you must see the doctor assigned to you by your employer’s workers’ comp insurance provider.
What happens if I get fired while on workers comp in California?
Employers may terminate employees who are on workers’ compensation in specific circumstances. Termination is permitted as long as the employer is not discriminating or retaliating against the worker for filing a claim or for requesting and taking disability leave or leave pursuant to the FMLA (or CFRA in California).
As long as you were not terminated for misconduct, though, getting fired should not affect your benefits. You are eligible to continue receiving workers’ comp benefits until you have achieved Maximum Medical Improvement (MMI) or hit the 104-week maximum on your payments.
Contact Us About Your Potential Compensation Claim
You deserve fair pay for your work. Contact our firm today to speak with one of our experienced employment law attorneys about your compensation issue. Call us at 415-445-0900 or send us an email to schedule a consultation.