MichaelBurgis
MichaelBurgis
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Due Process For Injured Workers: Hasten Your Workers’ Comp Case | Worker's Comp Attorney Los Angeles
Injured at work in California? Feeling the weight of a dragging workers' comp case? Let's dive deep into the magic word that can revolutionize your case - due process.
Michael Burgis, a certified legal specialist in California Workers Compensation, pulls back the curtain on the intricate world of workers' compensation cases in the Golden State. As the managing attorney of Michael Burgis & Associates (MB&A), Michael possesses a unique blend of expertise and passion to champion the rights of injured workers.
For many, the term 'due process' remains shrouded in mystery. Yet, it's a cornerstone of the legal system, ensuring fairness and justice. Whether you're an attorney or an injured worker, understanding both procedural and substantive due process can be a game-changer. Put simply, it's your constitutional right to life, liberty, and the pursuit of happiness. And guess what? It shouldn't be taken from you without proper legal proceedings.
But here's the twist. Due process isn't a one-size-fits-all concept. It varies, especially in the workers' comp landscape. In Michael's real-time case, he represents an injured worker, fighting for his right to a 100% disability award - an entitlement of two-thirds of his salary for life. Shockingly, the insurance company is paying him a mere $290 per week. Why? Delays, legal loopholes, and a skewed interpretation of due process.
Defense attorneys may argue their right to conduct discovery to minimize their liability. But when does their due process infringe upon the rights of the injured worker? After all, injured workers in California have a constitutional right to a swift resolution without unnecessary delays, as enshrined in the California constitution Article four, section 14. So, what’s the balance? Michael's approach is to weigh both sides' respective due process rights, their positions, potential impacts, and diligence in the case.
An essential takeaway is that a keen understanding and application of due process can expedite case resolutions. For instance, if the defense has had ample time (like five years since an injury) and hasn't acted diligently, their due process claims might be weak. Especially when stacked against an injured worker's pressing needs, like the one struggling on $290 a week.
If you're an injured worker or represent one, wield due process as your sword. Surprisingly, few harness its full potential in arguments or briefs. But with it, you can close discovery swiftly, set a trial date, and prioritize the applicant's rights over defense strategies.
Stay informed, stay ahead. Michael Burgis & Associates is committed to keeping you updated with the latest in workers' comp law, ensuring you're always a step ahead of defense attorneys and insurance tactics. Found this enlightening? Like, subscribe, and reach out. At MB&A, we've got the answers, and we're always here to help.
0:00 Introduction to the Injured Worker's Plight
0:07 Seeking Swift Case Resolutions in Workers' Comp
0:17 Unpacking "Due Process" in California Workers Compensation
0:33 Meet Michael Burgis: Champion of Injured Workers
0:55 Understanding Due Process: Beyond the Jargon
1:11 Procedural vs. Substantive Due Process
1:34 Real-World Application: A Worker's Comp Case Study
1:56 Defense's Tactics: Delaying and Reducing Liability
2:30 Balancing Due Process: Defense vs. Injured Worker
3:34 Evaluating Both Parties' Due Process Rights
4:19 The Importance of Diligence in Workers' Comp Cases
5:26 Utilizing Due Process: A Strategy for Justice
6:10 Conclusion and Staying Ahead in Workers' Comp
If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION (888) 287-4471
We're here to help, and we bring “Recovery to the injured.”
Website: www.burgislaw.com/
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RecoveryForTheInjured
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recovery4injury
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Переглядів: 3 525

Відео

How To File Petitions & Navigate Collective Bargaining Agreement | Workers Comp Attorney Los Angeles
Переглядів 10 тис.10 місяців тому
Welcome to the official channel of Michael Burgis & Associates, P.C. In today's in-depth guide, we'll be demystifying the concept of Appellate Rights, especially when entangled within the intricate framework of a Collective Bargaining Agreement. Are you an injured worker's attorney in California? Have you grappled with a worker's comp case under the jurisdiction of the WCAB only to confront the...
Workplace Affair to Murder: Industrial Causation & Death Benefits | Workers' Comp Attorney LA
Переглядів 2,3 тис.10 місяців тому
In a shocking turn of events, a murder at the workplace unfolds in California, raising pertinent questions about industrial causation and the nexus between personal affairs and workplace incidents. Attorney Michael Burgis delves deep into this complex topic, revealing groundbreaking insights. When a life is tragically taken due to a crime as severe as murder at the workplace, the immediate assu...
How To Get 100% Disability Benefits | Industrial Injury Claim | Workers Comp Attorney Los Angeles
Переглядів 3,8 тис.10 місяців тому
Michael Burgis of Michael Burgis & Associates, P.C., a certified legal specialist in California Workers' Compensation, delves deep into the intricacies of arguing for 100% disability in California's complex worker's compensation landscape. If you're seeking clarity on how to secure 100% disability benefits for your clients, this video offers invaluable insights. The core of many disputes lies i...
Trial Strategy For Decision: Keep Clients Off the Stand! | Worker's Comp Attorney Los Angeles
Переглядів 2,6 тис.Рік тому
Welcome to Michael Burgis & Associates! Are you a fellow attorney in California dealing with injured workers' cases? Every attorney and client might face the challenging decision about whether or not to take the stand at trial. This video aims to provide clarity on this very subject. I'm Michael Burgis, the managing attorney of MB&A and a certified legal specialist in California Workers Compens...
Facing Termination While On Disability Leave in California? Filing A Wrongful Termination Lawsuit!
Переглядів 6 тис.Рік тому
Are you worried about facing termination while on disability leave in California? If your employer has given you a deadline to return to work or threatened you with job loss, it's essential to understand your rights. In this informative video, Shant Kotchounian, the Employment Law Managing Attorney at Michael Burgis and Associates, explains why employers cannot impose arbitrary deadlines on emp...
Labor Code 4605 - Death Due To Industrial Causation
Переглядів 3,4 тис.Рік тому
In this video, attorney Michael Burgis discusses, how you should utilize labor code 4605, and exponentially increase your probability of success. If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION (888) 287-4471 We're here to help, and we bring “Recovery to the injured.” Website: www.burgislaw.com/ Follow MB&A on social media: Facebook: R...
What Is California Workers Compensation Law?
Переглядів 7 тис.Рік тому
If you've been injured in California workers' compensation, you're probably not getting what you deserve. In this video, attorney Michael Burgis discusses, what is California workers' compensation law, and how you can create concrete evidence of higher earnings, so you can get paid, what you deserve. If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION ...
What Is Offer Of Proof?
Переглядів 3,8 тис.Рік тому
In this video, attorney Michael Burgis discusses how you could get testimonial evidence into the record at trial without having to give testimony and why would defense allow this? If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION (888) 287-4471 We're here to help, and we bring “Recovery to the injured.” Website: www.burgislaw.com/ Follow MB&A on soci...
Penalties Attorneys Can File In A Workers Comp Case
Переглядів 20 тис.Рік тому
In this video, attorney Michael Burgis discuss how you can utilize penalties to help fight and get justice for your client. Because penalties are very important, for your client in the short term and for your practice in the long term. If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION (888) 287-4471 We're here to help, and we bring “Recovery to the i...
2022 Recap - Changing The Game
Переглядів 1,7 тис.Рік тому
In this video, attorney Michael Burgis discussed work and achievements of 2022. While also highlight how MB&A is going to change the game in 2023 and how is this important to you and our clients? If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION (888) 287-4471 We're here to help, and we bring “Recovery to the injured.” Website: www.burgislaw.com/ Fol...
How To Let Your Employer Know About Workplace Discrimination
Переглядів 2,6 тис.Рік тому
You've been harassed or discriminated against at work, and now you're wondering, how am I supposed to let my employer know of this unfair work environment? Well there's two real ways you can communicate with an employer. One is verbally and one is in writing, but there's a better way between these two options. If you were injured at work and would like to know the law, contact us for a FREE CON...
Insurance Company Denied Your Workers’ Compensation Claim?
Переглядів 3,7 тис.Рік тому
So you've been injured in the workplace, and you filed a workers’ compensation claim. And out of nowhere you received a letter from the insurance company, denied. Your case has been rejected. You start thinking to yourself, should I hire an attorney? Can an attorney even help me in this situation? I'm here to tell you yes, and this is how. If you were injured at work and would like to know the ...
What Is Maximum Medical Improvement (MMI)?
Переглядів 1,7 тис.Рік тому
You've been injured at work and you're seeing a doctor. You're getting treatment acupuncture, therapy, injections, maybe even surgery. And now the doctor is telling you he's releasing you, and you've reached MMI maximum medical improvement. What does that mean for you? Let me explain. In this video, attorney Timothy Chan explains what MMI is and what it means for you. If you were injured at wor...
How Inflation Can Impact a Workers’ Compensation Case
Переглядів 3,4 тис.Рік тому
There's a lot of talk right now about inflation. In fact, record inflation. And how does that impact a workers’ compensation case? Short answer is, if you have a catastrophic case, it could impact your case a lot. If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION (888) 287-4471 We're here to help, and we bring “Recovery to the injured.” Website: www....
Are workers' compensation benefits taxable?
Переглядів 3,4 тис.Рік тому
Are workers' compensation benefits taxable?
Roe vs. Wade - What It Means for Women in California
Переглядів 2,3 тис.Рік тому
Roe vs. Wade - What It Means for Women in California
What Happens After A California Workers' Compensation Claim Is Settled?
Переглядів 1,7 тис.Рік тому
What Happens After A California Workers' Compensation Claim Is Settled?
Are You Thinking About Retiring? Here's What You Need To Know.
Переглядів 5 тис.Рік тому
Are You Thinking About Retiring? Here's What You Need To Know.
Were you terminated while on temporary work disability?
Переглядів 5 тис.Рік тому
Were you terminated while on temporary work disability?
What Are Injured Workers' Legal Obligations When Having Temporary Work Restrictions?
Переглядів 1,4 тис.2 роки тому
What Are Injured Workers' Legal Obligations When Having Temporary Work Restrictions?
What Are An Employees’ Rights And Obligations When Dealing With Temporary Work Restrictions?
Переглядів 34 тис.2 роки тому
What Are An Employees’ Rights And Obligations When Dealing With Temporary Work Restrictions?
Employer’s Rights And Obligations In Work Related Claim And Insurance
Переглядів 13 тис.2 роки тому
Employer’s Rights And Obligations In Work Related Claim And Insurance
Red Flags When Hiring A Workers Compensation Attorney
Переглядів 7 тис.2 роки тому
Red Flags When Hiring A Workers Compensation Attorney
Back To Work After An Injury- What Are Your Options?
Переглядів 1,4 тис.2 роки тому
Back To Work After An Injury- What Are Your Options?
How Long Does Temporary Total Disability Last?
Переглядів 1,4 тис.2 роки тому
How Long Does Temporary Total Disability Last?
Are You Litigating Disputed Temporary Disability Benefits?
Переглядів 4,7 тис.2 роки тому
Are You Litigating Disputed Temporary Disability Benefits?
Collateral Estoppel Res Judicata
Переглядів 2,9 тис.2 роки тому
Collateral Estoppel Res Judicata
Work Comp Help: What to do if you've been denied
Переглядів 1,6 тис.2 роки тому
Work Comp Help: What to do if you've been denied
Has Your Employer Stopped Paying For Temporary Disability?
Переглядів 4,9 тис.2 роки тому
Has Your Employer Stopped Paying For Temporary Disability?

КОМЕНТАРІ

  • @TheIrishdriven
    @TheIrishdriven 3 дні тому

    Ive been wayching your videos im impressed with your demeanor your thought process i have an atty and so far he is doing great however just on perdonality alone i would of chosen you had i known you were there i have a workers comp uninsured employer, a seperate firm is handling rhe misclassification as 1099 and lost stolen wages . I have 7 months Txt msg daily showing startinf closing direction rhroughout the day wirked 7 dats a week for 1600 a month 64 hrs a week

  • @Calioceanbreeze
    @Calioceanbreeze 18 днів тому

    10109

  • @brenda126176
    @brenda126176 Місяць тому

    I wish you had helped me! Over $1.7 million in medical and not one penny of worker's compensation. You really sound honest and sincere, but you referred me.

  • @Analysemarie
    @Analysemarie Місяць тому

    Thank you. How long does it normally take once you agree on a C&R amount to receive the paperwork to sign? My claims specialist has been ignoring my email since we decided to do a C&R. The first time she ignored my emails for three weeks after she sent me their final offer and I was going to accept but she stopped responding to emails and I kept emailing her saying I want to accept the offer. I want to go through with this. I finally called the 1-800 number for Liberty Mutual and she finally emailed me back. On June 17, she said she would get out the paperwork that week. Each week after that, she said it’s going out this. I sent her an email on Monday and Wednesday still no response. My case has been open since August 2022 and she’s always email me back the day I’ve emailed her or the day after until we decided to settle the case

  • @MrSlicky77
    @MrSlicky77 Місяць тому

    I’m going through a bad one in Iowa. They denied me outright under the coming and going clause. But I’m a traveler and they should’ve known that as I’M A TRAVELING TECHNICIAN……..or I used to be. It took them 3 or 4 months to even look at it and I had to get an attorney involved. Then it took them another 4 months before they got me into see the doctor.

  • @augustily1
    @augustily1 Місяць тому

    ❤‍🔥❤‍🔥❤‍🔥

  • @andreacoleman9062
    @andreacoleman9062 2 місяці тому

    This is what I am dealing with

  • @kindredmalise6633
    @kindredmalise6633 2 місяці тому

    I believe they look back 3 years now.

  • @kindredmalise6633
    @kindredmalise6633 4 місяці тому

    Thank you for this information. It was something I knew but could not elaborate eloquently on it. I am pretty confident that my original PTP and case managers were inept or intentionally trying to persuade me I was wrong. Lawyering up for sure now.

  • @Queenintheblack
    @Queenintheblack 4 місяці тому

    I need your help

  • @ralphkilloran8065
    @ralphkilloran8065 4 місяці тому

    In Canada it is the same or perhaps even worst. One of the greatest problems is coworkers deciding to go blind to injustices being committed against the injured workers.

  • @crinabobo7412
    @crinabobo7412 4 місяці тому

    How do you file a petition for penalty . Any form or just letter ?

  • @avarora
    @avarora 4 місяці тому

    How do you file a penalty petition? Its any form?

  • @moosh35
    @moosh35 5 місяців тому

    I had a bad attorney according to this video. He spoke to me 1 time in 3 years and was always on vacation. He also insisted that 132a was not a part of WC and I lost my job then wanted me to sign off my rights to petition for penalties. I have a hearing tomorrow in Santa Ana because I don't feel he should get a full 15% of my settlement now. I could use your input. Hearing is at 1:30. The lawyer then got mad because I asked for a bill then dropped me and this was at the end of my case and I had to start over with a new attorney who mixed up info for months causing more delays.

  • @moosh35
    @moosh35 5 місяців тому

    Does a case have to be accepted for there to be disability paid? My claim was not accepted and I was told I got no $ for disability due to that. I went a WHOLE year without a penny of income although the companies own doctors advised of my disability. The company finally started payments after a QME report was in my favor. I would think that is considered an unreasonable delay. Opinion?

  • @handymaninside
    @handymaninside 6 місяців тому

    Some law firms are just mills with subsidy by the insurance industry, even your so called attorney can become victim to money greasing from the insurance overlords🎉

  • @emanielliott2018
    @emanielliott2018 6 місяців тому

    I wish everyone luck and blessings with cases

  • @ninamarlisalenzi3945
    @ninamarlisalenzi3945 6 місяців тому

    What about arty where you have to answer a thousand questions before being able to speak to the lawyer?

  • @ninamarlisalenzi3945
    @ninamarlisalenzi3945 6 місяців тому

    I got four fractures and torn ligament and only ten months later diagnosed for back injury. Donte want to go through the mill which is why I did not sign one on. I’m in Brentwood 90049. Someone told me about you but I thought you had too much of the mill flavourbased on the appearance that you have quantity vs quality. I’m not looking for Dennis Block of works comp. How do I know to get one that is not overwhelmed but also experienced.

  • @GAvet4lyfe
    @GAvet4lyfe 7 місяців тому

    Is there anything like this for DBA workers comp?

  • @emmavasquez6263
    @emmavasquez6263 7 місяців тому

    I wished I would have come across your office sooner.. Now I am stuck with lawyer who doesn't communicate only through her paralegal & not even the paralegal calls me or e-mails' meI had to wait 2 months from an email & my lawler refuses to settle my case even though she has the final report from my workers comp Doc. & numbers also my QME Appointment got screwed up my medical records never made it to the QME Doc's office.. so now I am stuck with no way around my case.. I even had to send my medical mileage myself.. I send her the reports & never got send out to the insurance

  • @edgarrmartinz
    @edgarrmartinz 7 місяців тому

    Man I was struck/ smashed by an excavator at work by my foreman, I’ve been neglected till today and no attorney wants to help me. I have spinal, head, chest, Radiculopathy/neuropathy, depression, anxiety, insomnia, ptsd, breathing disorders, vision issues etc etc now. I’ve never had this issues. To top it off o have children that are in elementary and I can’t work anymore.

  • @maureenthompson8845
    @maureenthompson8845 7 місяців тому

    This is what I am experiencing.

  • @DominiqueWilliams-ue3rx
    @DominiqueWilliams-ue3rx 7 місяців тому

    Bruh what

  • @jbrdbr111
    @jbrdbr111 8 місяців тому

    Finding an attorney like this is impossible

  • @gtafam2119
    @gtafam2119 8 місяців тому

    Could you use this in ct.my case been going on for 10 years 😮

  • @hakah2050
    @hakah2050 8 місяців тому

    If your employer provided inaccurate personal information, like your last name, address, or date of birth, to the Workers comp insurance company, and you discovered it a year later, what should you do? Is it considered fraud?

  • @Classifiedreality
    @Classifiedreality 8 місяців тому

    Not sure if you monitor this vid..do you have a link or spelling for the case you name in the beginning?

  • @claudiacaballero7835
    @claudiacaballero7835 9 місяців тому

    Yo estuve dos meses bien mala del covid cuando empezó la pandemia 😷 en mi trabajo fue donde me contagie

  • @lewismenifield882
    @lewismenifield882 9 місяців тому

    What about memory loss vietnumvetran chemical 90percent rating

  • @tejuanamaggette6056
    @tejuanamaggette6056 9 місяців тому

    Awesome attorney

  • @user-hy9xd6uv6f
    @user-hy9xd6uv6f 9 місяців тому

    Fresno county has one rater for disability rater can I challenge that ?

  • @SpongeAddict-gw6mo
    @SpongeAddict-gw6mo 9 місяців тому

    So at my case today the vocational expert found 1 job at a 10%.

  • @LOUMladenovic-zm8oe
    @LOUMladenovic-zm8oe 9 місяців тому

    Is there a someone like in Florida who truly represents workers hurt at work. I have acase pending now , but every law firm seems to be controlled by Insurance company. How do I find a reputable lawyer that will take my case and fight for me not the Insurance company.

  • @hkaplanlaw
    @hkaplanlaw 10 місяців тому

    Your content is GOLD. Keep it up!

  • @ChickenGrill-ly1wz
    @ChickenGrill-ly1wz 10 місяців тому

    Its also the address st the foothills that people refer to as recenter.

  • @ChickenGrill-ly1wz
    @ChickenGrill-ly1wz 10 місяців тому

    Its not einchester road because its at s dead end

  • @Patsworldbaby
    @Patsworldbaby 10 місяців тому

    I hired an attorney a day after my surgery. Wise decision! Sedgwick sucks!

  • @jackcsaffell5641
    @jackcsaffell5641 10 місяців тому

    Mr. Burgis, I was learning about Work Comp. from your videos for 8 years. I finally settled at 80% in May of this year. I knew the lingo and what to expect mostly from watching your videos. Your videos are priceless. Now I'm waiting on the QME for SIBTF. How long do you think it will take to get the report? I saw the Dr. in early July. Again, THANK YOU!

  • @hkaplanlaw
    @hkaplanlaw 10 місяців тому

    Your channel is pure gold. Thank you for sharing this valuable information!

  • @sheilaveluz1695
    @sheilaveluz1695 10 місяців тому

    Sir I am a victim of a stage played workers comp deposition .

  • @BearPapa49
    @BearPapa49 10 місяців тому

    Get help I did

  • @bigdaddymex2003
    @bigdaddymex2003 11 місяців тому

    I went on yelp to look you guys up every other comment was a bad comment, and legitimate comments at that. Nope no thanks. back to the web to search a top work comp attorney

  • @Mr.Kittles
    @Mr.Kittles 11 місяців тому

    I have been saying this for over a decade. Canadian employers use WCB as lawsuit prevention. WCB no longer helps injured workers, to maximize profits for employers.. Canadians are so screwed! WCB is the reason that young people should avoid working in skilled trades.

  • @roldyczarmoaes6226
    @roldyczarmoaes6226 Рік тому

    Yes! Is been a long ride. Leading things to build up with time becoming very frustrating on how not case is developing not having much support. With injury not improving and getting worse 😢 🤷‍♂️

  • @Michael9-23-15
    @Michael9-23-15 Рік тому

    Thank you for doing these videos. I know that it's videos like yours that got me to get a lawyer when needed. I saw your videos after getting mine, but I'm still learning from you as well.

  • @Michael9-23-15
    @Michael9-23-15 Рік тому

    For everyone thinking about getting a attorney, yes you should get one! Your chances are better with one.

  • @Michael9-23-15
    @Michael9-23-15 Рік тому

    Thank you for your help.

  • @estebantable3585
    @estebantable3585 Рік тому

    I can honestly smell the bs from that work place injury anecdote through my phone it was so bad 💩

  • @frankie4827
    @frankie4827 Рік тому

    Been waiting 6 months for my QME results with no end in sight 😢