BRIAN J.

THORNTON

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A Law Corporation

1260 B STREET, SUITE 350

HAYWARD, CALIFORNIA 94541

 

PHONE: 510.900.3636

FAX: 510.900.3624

BRIAN@THORNTON-LAW.COM

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In this section, you will find complete descriptions of our practice areas. Select the practice area title for more information.

WORKERS' COMPENSATION

When injured on the job your employer is required to provide workers’ compensation benefits.

Workers’ compensation is a no-fault system that provides benefits and medical treatment to injured workers.  The workers’ compensation system is complex and undergoes frequent change.  When you are injured at work, it is important to have the guidance of someone who is familiar with the medical and legal facets of the workers’ compensation system. 

 

When injured on the job your employer is required by law to provide workers' compensation benefits. Injuries can be the result of one specific event or repetitive activities that lead to injury over time. Benefits for injured workers include medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, vocational rehabilitation and death benefits.

 

Many people do not realize that they can qualify for workers' compensation benefits even if they are not a legal resident of the United States and that it is illegal for an employer to fire or punish you for having a job related injury.

 

Injured workers are subjected to the complexities of workers’ compensation law and often face a number of challenges or have questions regarding the stages of the workers’ compensation process.

 

For further information related to workers' compensation, your rights, and how a claim can affect you, please read "Workers' Compensation in California: A Guidebook for Injured Workers," 2006.

 

 Our firm successfully litigates a number of issues related to workers’ compensation benefits, which include but are not limited to:

 

AOE/COE (acceptance of your claim)

Denied medical treatment

Utilization Review

Independent Medical Review

MPN (Medical Provider Networks)

AME/QME evaluations

Temporary disability benefits

Permanent disability benefits

Vocational evaluations

Rating determinations

Compromise & Release

Stipulations with Request for Award

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Qualifying for social security disability is a complex process. Working with a knowledgeable attorney will simplify the process and get you the benefits to which you are entitled.

SOCIAL SECURITY DISABILITY

Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are programs that were implemented by the federal government in 1945 and are managed by the Social Security Administration (SSA). People who have worked in jobs where they contribute to Social Security and have sufficient work credits may be eligible for benefits if they become disabled and qualify under the requirements of the Social Security Administration.

 

The SSA uses as 5-step process to determine whether or not someone qualifies for benefits. This process is lengthy and complex. The SSA will examine whether or not you are performing substantial gainful activity and evaluate evidence to determine whether your condition is severe and limits your ability to perform basic work activities.

 

Should your claim be denied, you can appeal the decision. The appeal process can involve a number of intricate steps such as filing a Request for Reconsideration, a review of your case by Disability Determination Services, and Request for Hearing by Administrative Law Judge, a Request for Review of Decision/Order of Administrative Law Judge, or a hearing in District Court.

 

As a result of the complexity, most people choose to have representation when applying for Social Security Disability. Having a skilled and competent attorney to advocate for you, compile the necessary medical and non-medical evidence required, advise of any overlapping benefits for which you may qualify, and represent you before an administrative law judge can greatly increase your chances of qualifying for benefits.

According to the SSA a person is disabled if they:

 

“Cannot do work that they did before;

Social Security decides that they cannot adjust to other work because of their medical condition(s); and

the disability has lasted or is expected to last for at 12 months or to result in death.”

For more information regarding Social Security Disability, please visit http://www.ssa.gov/pgm/disability.htm.

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PERSONAL INJURY

Having solid representation in a personal injury claim can help you recover losses.

In the aftermath of an injury, serious questions arise that need answers. When that injury is the result of someone else's negligence or wrongdoing, you have every right to pursue damages to protect yourself and your family.

 

Personal injury claims are brought from a variety of incidents including, but not limited to premise liability accidents, auto accidents, construction accidents, assault, industrial accidents, uninsured and underinsured motorist accidents, dog bites, and exposure to toxins or a defective product.

 

Because these claims are often handled in civil court instead of criminal court, personal injury law is considered tort law.(link to wikipedia) Personal injury claims seek damages for the losses the plaintiff suffers. Losses often include loss of income due to injury, pain and suffering, impairment, and medical expenses.

 

Representation in a personal injury claim can help you recover losses for an injury you have suffered. Pursuing a claim does not necessarily mean the case will end up in court. Many cases are resolved out of court through skilled negotiations. Hiring an attentive experienced, and competent attorney to handle your case is imperative to recovering losses after an injury. 

 

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CRIMINAL DEFENSE

Being charged with a crime is a serious matter. When trial experience counts, don’t leave it up to chance – work with an attorney who can strongly advocate on your behalf.

Crimes are usually classified as felonies, misdemeanors, or violations. A felony is a serious offense and typically carries prison sentences for a minimum of one year and a maximum of a life sentence or death. Felonies can include, but are not limited to, crimes such as murder, burglary, assault and battery, or arson.

 

Misdemeanors are less serious offenses, but can still result in a criminal record. Misdemeanors can carry a penalty of jail time for up to one year and the loss of privileges. Examples of misdemeanors are DUIs, disorderly conduct, probation violation, vandalism, and petty theft. Violations like traffic tickets do not carry the penalty of jail time but normally involve the payment of fines.

 

Being charged with a crime is a serious matter and the results are life changing. However, there are important constitutional rights that the accused are granted. Hiring the right attorney, who has a comprehensive understanding of these rights and a high level of integrity, can make all the difference in the outcome of your case.


Obtaining the services of an experienced attorney who can advocate for the rights and benefits to which you are entitled is important.  Serving the greater Bay Area at the Oakland Workers'  Compensation Board: Oakland, Hayward, San Leandro, Castro Valley, Richmond, Pinole, Livermore, Easy Bay Region. 

Serving You: Oakland, Hayward, Castro Valley, California and greater Bay Area

BAY AREA'S WORKERS' COMPENSATION ATTORNEY

Call today for a free consultation 510.900.3636

Brian J. Thornton, A Law Corporation, represents clients throughout Northern California, the greater San Francisco Bay Area, the Central Valley, and the East Bay, including Alameda County, Contra Costa County, San Francisco County, San Mateo County, Santa Clara County, Marin County, Sonoma County and the cities of Oakland, San Francisco, Berkeley, Fremont, Hayward, Walnut Creek, Antioch, San Leandro, San Lorenzo, Moraga, Concord, Richmond, Antioch and Burlingame.

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