◈ Homepage — http://marlettaworkcomp.com/Skip to Main Content Law Office of Vincent Marletta  Workers' Compensation Law Home About Us Our Services Client Resources Contact Us Address: 2039 Kala Bagai Way, Ste 400, Berkeley CA 94704 Tel: (510) 843-6050 | Fax: (510) 843 6061 | Email: [email protected] Getting You Back On Top Representing  Injured California Workers with Integrity  & Compassion Providing expert legal representation for work-related injuries in California, specializing in Catastrophic Injuries, Brain Injuries, Orthopedic Injuries, Eye Injuries, Hearing Loss, Mental Health Injuries, Occupational Diseases (including Covid-19), Death Claims, Dental Claims, and more. Learn More Legal Expertise Dedicated Guidance At the Law Office of Vincet Marletta we are committed to providing comprehensive support to our clients, guiding them through the legal process while prioritizing their physical and financial recovery. With a client-centered approach, we ensure that decisions are made collaboratively, fostering trust and communication every step of the way. Get in Touch Client-Centered Approach Our clients benefit from dedicated guidance throughout their case, from initial consultation to claim resolution. We believe in transparent communication, encouraging clients to ask questions and stay informed about the progress of their case. Start Your Case Transparent Communication By offering a client-centered approach and transparent communication, we aim to provide the best possible legal representation to maximize our clients' physical and financial recovery. Book Consultation Am I Eligible For Representation? Is this a work realated injury claim?* Yes No What was the date of injury? Have you informed your employer about your work related injury?* Yes No What is the status of your claim?* Accepted Denied On Delay Are you currently recieiving temporary disability benifits?* Yes No What is your current work status?* Restricted Modified Unable to Work Next Client Testimonials Carole W. Walnut Creek, CA "Finding the right worker's compensation attorney assures the best outcome for your case, and Vincent D. Marletta is simply "the best". After battling the insurance company for 1.5 yrs and then dealing with two unresponsive and uncaring attorneys, I was fortunate to meet with him. His career background, his competence and his genuine interest in his clients, was very obvious. His staff is commendable! Because of the sole efforts of Vincent D. Marletta, I was awarded a very fair and well deserved settlement enabling me to afford my ongoing aftercare." Contact Us Today If you've been injured at work and need legal assistance, don't hesitate to reach out to Vincent Marletta Law. Our team is here to support you through every step of your case. Intake Form Email Contact Info © 2035 by N.A. Wray ◈ Interior Pages — 4 pages crawled--> Our Services | V. Marletta Law top of page Menu Close Home About Us Our Services Client Resources Contact Us Law Office of Vincent Marletta   Workers' Compensation Law Home About Us Our Services Client Resources Contact Us Address: 2039 Kala Bagai Way, Ste 400, Berkeley CA 94704 Tel: (510) 843-6050 | Fax: (510) 843 6061 | Email: [email protected] Address: 2039 Kala Bagai Way, Ste 400, Berkeley CA 94704 Tel: (510) 843-6050 | Fax: (510) 843 6061 | Email: [email protected] Case Evaluation We specialize in handling California workers' compensatoin cases related to brain injuries, orthopedic injuries, eye injuries, hearing loss, mental health injuries, and death claims. Get Started Claim Assistance Our services extend to various worker categories including health care workers, construction workers, office workers, food service workers, state government employees, peace officers, firefighters, warehouse workers, and union workers. Contact Us Legal Representation With a focus on maximizing physical and financial recovery, we collaborate closely with clients ensuring informed decisions are made together throughout the legal process. Book Consultation What Our Clients Say About Us "If you're looking for a competent attorney who possesses integrity, transparency, compassion, humility and patience, while at the same time, providing his clients with the ultimate in representation, then take the time and contact the Law Office of Vincent Marletta. Not only is Mr. Marletta a competent attorney and an awesome person but his staff, Vicki and Karina are just as awesome. Thank you Mr. Marletta. You're the best!!!" -Antoinette Brewer "Vince is the workers comp lawyer to go to . He has been my lawyer for many years . He is a caring,ethical guy who makes his clients feel special. I know i am well cared for. He has gone out of his way numerous times. When i had my emergency surgery he went out of his way to help me take care of several of my bills and came to see me in the hospital. He is a devoted family man who is as ethical as they come. I more attorneys were like Vince the world would be a better place. This man cares about his clients. How often can you call a lawyer great?" -Matthew Strickland "Mr. Marletta treated me with respect and compassion. He has tirelessly helped me to obtain my settlement. I'm so grateful to him for helping me through this difficult process." - James M. What are the Different Types of Injuries/Claims Covered by California Workers’ Compensation? Specific Injuries: These include cuts, abrasions, contusions, fractures, etc.  resulting from workplace mishaps such as trips/falls, sprains/strains, accidents, etc.  Cumulative Trauma Injuries: These include repetitive motion-type injuries that worsen over time (not just due to a specific event), such as carpal tunnel syndrome Occupational Disease/Illness: Caused by exposure to environmental factors associated with employment, including acute and chronic illnesses or diseases which may be caused by inhalation, absorption, ingestion or direct contact; examples include lung diseases associated with asbestos, various cancers, and Covid-19 Psychological Injuries: These are typically reactions to stressful events/conditions in the workplace that cause harm to mental health Compensable Consequence Injuries: These are injuries/conditions that manifest sometime after the original injury but can be medically proven to relate back to the original injury; examples include injury to an opposite limb due to favoring the originally-injured limb, an injured knee giving way resulting in a fall that causes injury to a new body part, an altered gait due to a knee injury causing low back pain, etc. Death Claims: If a worker dies as a result of a workplace accident or injury their dependents can file a claim for benefits if the survivor’s financial dependency upon the deceased can be established through presumption or proof. The Representation You Need Vincent Marletta Law focuses on representing California clients in a wide range of injury and compensation cases, ensuring personalized and dedicated legal services. Explore California Workers' Compenstation Legal Process Explaining the legal steps involved in your case Learn More Strategy Development Developing a strategic legal plan to maximize your recovery Client Collaboration Collaborating with you to make informed decisions together Continuous Support Providing continuous support and communication throughout the process Intake Form Complete the intake form to begin your legal journey © 2035 by N.A. Wray  Home About Us Our Services Client Resources Contact Us bottom of page --> Client Resources | V. Marletta Law top of page Menu Close Home About Us Our Services Client Resources Contact Us Law Office of Vincent Marletta   Workers' Compensation Law Home About Us Our Services Client Resources Contact Us Address: 2039 Kala Bagai Way, Ste 400, Berkeley CA 94704 Tel: (510) 843-6050 | Fax: (510) 843 6061 | Email: [email protected] Worker's Compensation Flow Chart Frequently Asked Questions General 01 Do I Need an Attorney? While some injured workers can navigate their claim without the assistance of an attorney, many can benefit from hiring an attorney. Skilled Workers’ Compensation attorneys can help in the following ways: They can assist you in reporting/processing your claim correctly In the event of a denied or delayed claim, they help to prove the accident or illness is work-related They can help find a primary treating physician that is more patient-oriented and sympathetic compared to the employer’s designated doctors/clinic. They work with your physicians to help you attain medically necessary treatment. They contest efforts by the employer or the employer’s insurance company forcing you to return to work when it is not medically feasible They help verify what level of disability you have and make sure you are compensated accordingly They appeal medical denials and advocate for medical needs They help you navigate the complex QME process in an effort to get the best possible evaluator, which is critical to the final PD award Experienced Attorneys will guide you through each step of the claims process and ensure the best results are achieved both medically and in your overall case outcome. 02 How Does a WC attorney get paid for their services? WC attorneys are paid on a contingency basis, which means that the injured worker does not have to pay a retainer or otherwise pay the attorney out-of-pocket. Per the Labor Code, the WC attorney is paid based on a percentage (9-15%) of the final settlement. In most cases the attorney’s fee is 15% of the final award. Once the fee is established (and approved by a Workers’ Compensation Judge), the attorney is paid directly by the claims administrator out of the final settlement. 03 Are WC Benefits Taxable? No, workers compensation benefits are not considered to be income by either the IRS or the State of California. 04 How Are Workers Compensations Cases Finalized or Settled? Once the injured worker is declared to be a maximum medical improvement (MMI), they are evaluated by the PTP or QME to determine the extent of any permanent residuals (impairment or disability); if the evaluator finds permanent impairment, the injured worker is assigned a whole person impairment (WPI), which is adjusted based on occupation, age, etc. to derive a permanent disability (PD) percentage. Once the parties agree (or a WC judge decides) on the final PD percentage, the case is then finalized one of two ways: Stipulations with Award of Future Medical Benefits When the case finalized by “Stip/Award” the insurance company pays out the PD compensation on a biweekly basis (usually at the rate of $290/week) until the full award is paid out; meanwhile, the injured worker is awarded “lifetime” medical, which remains subject to MPN/UR constraints. This method of finalization is generally used when the injured worker returns to the same employer. Compromise & Release (Lump Sum) Settlement When the parties agree to a “C&R” settlement, the PD compensation is paid out in a lump sum (rather than biweekly) and additional monetary consideration is paid by the insurance company to “buy out” the injured worker’s future medical benefit. Thus the insurance company is released from any further liability. This can be a preferred means of settlement for injured workers who do not return to their previous employment and, to the extent they require further medical treatment for their industrial injuries, have adequate health insurance outside of WC. Neither party can be forced into a C&R settlement - both sides must voluntarily agree on a lump sum settlement with a future medical buy out. 05 What Benefits are Available in a WC Claim? Medical Treatment: The employer is required by law to offer medical treatment (initially at the place of the employer’s choosing) upon being notified of a workplace injury. This requirement continues unless the claim is denied within 90 days of the employer’s knowledge of injury. Once 30 days have passed the injured worker can potentially transfer their care to another medical provider as long as the desired doctor/facility is included within the employer's Medical Provider Network (MPN). Critically, all requests for authorization of treatment is subject to Utilization Review (UR), meaning that the claims administrator can deny treatment at any point during the life of the claim (even when the claim is accepted). The injured can seek reimbursement for expenses associated with obtaining approved medical treatment, to include the cost of transportation, parking, tolls, etc. Temporary Disability ( TD ): This is a wage loss indemnity benefit payable when the injured worker is certified by an MPN doctor as unable to work OR when the injured worker is given work restrictions that the employer does not accommodate. The TD rate is calculated by multiplying the workers’ gross average weekly wage by ⅔, up to a maximum rate ($1,619.15 per week for dates of injury after 1/1/23). Eligibility for TD ends when (1) the injured worker is declared to having reached maximum medical improvement (MMI) by their primary treating physician (PTP) or a Qualified Medical Evaluator (QME); (2) the 104-week TD cap is reached; or (3) the injured worker is released to return to work without restriction by their doctor. Permanent Disability (PD): This is an indemnity benefit that is supposed to compensate the injured worker for an injury’s permanent effect (or impairment), measured on a scale of 1-100 percent. PD is calculated at the time the injured worker is declared as having reached MMI by either the PTP or a QME. Supplemental Job Displacement Benefits (SJDB): If an injured worker is deemed by the PTP or a QME as unable to return to their usual and customary occupation (and the employer does not offer permanent modified duty or an alternate job), the injured worker is entitled to the SJDB, which includes: (1) a $6,000 voucher that can be used to pay for educational retraining or skill enhancement at state-approved or accredited schools, computer equipment, etc. and (2) through the Return-to-Work Supplement Program (RTWSP), a check for an additional $5,000 from the State of California. 06 What is SDI and What Should I Do if My Temporary Disability Benefits End and I Haven’t Returned to Work? What is SDI? State Disability Insurance (SDI) replaces a portion of employee income when they can’t work because of an illness or disability. It provides wage replacement benefits that cover, on average, up to 60% of employee earnings. What to have ready when starting an application for SDI: Filing for SDI (State Disability Insurance) can be a supplementary income to what you are already receiving or an available income when your WC benefits have come to an end. Below is a link taking you to step-by-step instructions for filing for SDI which is done through EDD (Employment Development Department). You'll see that first, you need to register with EDD. This requires filling out basic contact info and then selecting and answering a number of security questions to protect your EDD account. It’s important that you save your login info in a safe place as it will be very difficult to retrieve if lost . After registering you will receive an email from EDD asking you to verify your EDD account. After you have verified your account you can login to EDD and follow the steps for applying for SDI. https://edd.ca.gov/Disability/How_to_File_a_DI_Claim_in_SDI_Online.htm You will need: Date of injury Claim number --> Contact Us | V. Marletta Law top of page Menu Close Home About Us Our Services Client Resources Contact Us Law Office of Vincent Marletta   Workers' Compensation Law Home About Us Our Services Client Resources Contact Us Address: 2039 Kala Bagai Way, Ste 400, Berkeley CA 94704 Tel: (510) 843-6050 | Fax: (510) 843 6061 | Email: [email protected] The Law Office of Vincent Marletta is located at: 2039 Kala Bagai Way Suite #400 Berkeley, CA  94704 Contact us: Tel: ( 510)843-6050, Fax: ( 510)843-6061 Schedule a Free Consultation Get Legal Representation New Client Intake Form Eligability Inquiry Customer Service Contact us First name Last name Email * Phone Message * Submit © 2035 by N.A. Wray  Home About Us Our Services Client Resources Contact Us bottom of page --> About Us | V. Marletta Law top of page Menu Close Home About Us Our Services Client Resources Contact Us Law Office of Vincent Marletta   Workers' Compensation Law Home About Us Our Services Client Resources Contact Us Address: 2039 Kala Bagai Way, Ste 400, Berkeley CA 94704 Tel: (510) 843-6050 | Fax: (510) 843 6061 | Email: [email protected] OUR  TEAM Vincent Marletta Business Owner/Lead Attorney Vince Marletta, a Washington D.C. native, earned his law degree from the University of Maryland in 1990. He began his legal career in disability law as staff counsel for the U.S. Department of Veterans Affairs. After relocating to the Bay Area in the early 2000s, he worked as a claims adjuster and later as a defense attorney for the State Compensation Insurance Fund and in private practice. In 2012, driven by a longstanding empathy for injured workers, Vince established his own practice representing applicants in 2012. Jeffery Friedman Attorney Jeffrey Friedman, who practices law in Berkeley, California, was selected to Super Lawyers for 2006. This peer designation is awarded only to a select number of accomplished attorneys in each state. The Super Lawyers selection process takes into account peer recognition, professional achievement in legal practice, and other cogent factors. After passing the bar exam, he was admitted to legal practice in 1990. Karina McLoughlin Paralegal Karina has been working with Vincent Marletta since 2015 and completed the Paralegal program at UNC Chapel Hill in North Carolina. Earlier in life, she traveled extensively and lived in various countries, gaining valuable cultural insight and emotional intelligence—skills that are essential in the work we do. Driven by a passion for helping others reclaim their well-being, Karina continues to work alongside Vincent Marletta and his team, supporting injured workers on their journey to recovery. Vicki Moen Legal Assistant Since the inception of Marletta Law Firm in 2012, Vicki Moen has been an invaluable member of the team. She keeps the office running smoothly and ensures every client feels supported. From managing daily operations and answering phones to assisting clients with care and professionalism, Vicki’s dedication and hard work have made her an essential part of the firm’s success. Proven Track Record Dedicated Service We prioritize our clients' needs and concerns, ensuring that they are fully informed and involved in every decision-making process. Our client-focused approach sets us apart and allows us to build lasting relationships based on trust and respect. Client Testimonials Legal Excellence Our team provides dedicated service to each client, offering personalized attention and tailored legal strategies to meet their unique needs. We go above and beyond to deliver the highest level of service and support. Book Consultation Case Successes Legal excellence is at the core of our practice. We uphold the highest standards of professionalism, ethics, and expertise in every case we handle. Our commitment to excellence drives us to achieve outstanding results for our clients. Legal Services Community Engagement Vincent Marletta Law is actively involved in supporting and giving back to the local community. We believe in contributing to the well-being and prosperity of the communities we serve. © 2035 by N.A. Wray  Home About Us Our Services Client Resources Contact Us bottom of page