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Ruben Montoya

Ruben Montoya

  • Workers' Compensation, Employment Law, Personal Injury...
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Attorney Ruben Montoya founded MONTOYA LAW with the idea that if you hire an attorney you should deal with an attorney. Before MONTOYA LAW attorney Ruben Montoya worked for highly respected Workers Compensation / Personal Injury firm. During his time as the managing attorney for such firm he multiplied workers compensation settlements. Those Workers Compensation claims that would not settle for what the injured worker deserved Mr. Montoya tried and prevailed for his clients. Ruben Montoya has tried many trials with favorable outcomes and settled millions out of court. At MONTOYA LAW we promise to fight and protect the rights of all injured workers in the Workers Compensation system. Due to his work ethic and resilience to never stop fighting for his clients Mr. Montoya is considered one of the best Workers' Compensation attorneys under 40 in the state of CA. He has been awarded numerous awards including: National Trial Lawyers 40 under 40. Membership is extended solely to the select few of the most qualified attorneys from each state who demonstrate superior qualifications of leadership, reputation, influence, stature and public profile measured by objective and uniformly applied standards in compliance with state bar and national Rule 4-7. Invitees must exemplify superior qualifications, trial results, trial results, and leadership as a young lawyer under the age of 40. Selection is based on a thorough multi-phase objective process which includes peer nominations combined with third-party research. Top 25 Workers Compensation Trial Lawyers Association. Members of the Workers Compensation Trial Lawyers Association – Top 25 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty. Avvo Rating of Superb. Top Attorney Workers Compensation. Member of American Law Society. Home of America's Top Lawyers. Published Top 25 Noteworthy Panel Decisions. Rodas vs. WCAB

Practice Areas
  • Workers' Compensation
  • Employment Law
  • Personal Injury
  • Products Liability
  • Free Consultation
    Free Consultation. Fee based on % of recovery. If you do not win you do not pay.
  • Contingent Fees
    % of recovery by client. If we do not win you do not pay.
  • English: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Trinity Law School
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University of Texas - San Antonio
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The Workers Compensation Trial Lawyers Association
Attorney Montoya has been awarded Top 25 Workers' Compensation Trial Lawyers in CA. The Workers Compensation Trial Lawyers Association – Top 25 is an invitation-only professional organization composed of and limited to the Top 25 attorneys from each state or region who serve individuals and families who need attorneys to represent them in the American legal system regarding Workers Compensation claims. Members of the Workers Compensation Trial Lawyers Association – Top 25 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty. This exclusive organization provides superior networking opportunities, continuing legal education and the highest quality advocacy training for its members.
The National Trial Lawyers
The National Trial Lawyers: Top 40 under 40 is a professional organization comprised of America’s top young trial attorneys. Membership into The National Trial Lawyers: Top 40 under 40 is by invitation only, and is extended exclusively to those individuals who meet stringent qualifications.
Professional Associations
State Bar of California # 283133
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Websites & Blogs
Legal Answers
47 Questions Answered

Q. Injured at work last year 11/1/16. 2/15/17 complicated by infection of the injured leg causing sepsis and hospitalized.
A: Get an attorney and DO NOT SIGN ANYTHING. If infection is of injured body part, that is work related. Talk to an attorney immediately.
Q. I was sent to the insurance workers comp doctor I was hurt on April 6 it's now may 15 I'm on a 90 day investigation
A: Apply for EDD. As to medical attention the employer is obligated to pay up to $10K while your claim is in delay. I highly recommend that if you do not have an attorney that you get one. Remember Work Comp attorney's work on a contingency fee which means you have no upfront cost and you pay them when your case settles with 15% of the settlement. Competent representation will get you a lot more than the 15% you are paying him. Good Luck!
Q. Can missing work to find another job effect my pending settlement?
A: If you go against the restrictions that your doctor is recommending yes it might because they may bring you new employer as a party. If you look for jobs which would not require you to use your body parts claimed as injured you should be OK.
Q. Can a Workers Comp. lawyer just drop your case, leaving you without representation, in the middle of your case
A: Yes he can. You can petition the court to not allow him to do so. However I do not think you want to obligate an attorney to stay in your case. Understand that if you get another attorney he will get that same 15% you promised the first attorney. So they would have to fight it off. Call local WC attorneys for a free consultation. Good Luck.
Q. Is there a time frame with work comp to return to work after surgery?
A: That cannot be answered by any attorney by the limited facts provided. The decision is a medical determination and how fast you heal and are able to return to work.
Q. How long should I expect to receive my settlement check?
A: Go into the link provided and input your information. Check events. If or when it shows that Workers Comp Judge approved your settlement the insurance has 30 days to issue check. Or avoid all that and call your attorney. Good Luck.
Q. I am recieving workers comp and I am on a contract. Is it legal for them to not renew my contract if I'm still hurt?
A: If they do not renew your contract and no work is available for you based on your restrictions they will be liable for TTD for such periods. If they do not renew your contract I would suggest that you consult with an employment attorney that would be more fit to answer that question. Good Luck.
Q. Any advice you can give would be grateful.
A: I would get a job description from your new job offer and provide to doctor to determine if you can perform duties based on your medical condition. If the doctor determines that based on your condition you can perform such duties without aggravating your injury you should be OK. I would strongly suggest you consult with a WC attorney. Good Luck.
Q. Can I demand that I'm settled out on future medical? And do they have to come to a settlement agreement? Or refuse me?
A: You can demand however the work comp insurance is not obligated to settle out your future medical just "provide" it. The WCAB cannot obligate them to settle your future medical. If you want to settle your future medical treat and the more it cost them the more likely they are to settle your future medical. Good Luck.
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Contact & Map
360 E. 1ST ST. #294
TUSTIN, CA 92780
Telephone: (714) 752-0572
Fax: (714) 551-9565