The California Workers’ Compensation system is designed to provide rights and benefits to injured workers. A workers compensation attorney representing an injured worker advocates for and ensures that these rights are provided to their client. Included on this site is some basic information regarding the California Workers’ Compensation system. If you have more specific questions or would like to discuss your workers’ compensation case, contact our office.
Common Workers’ Compensation Questions:
- What is Workers’ Compensation?
- What is the process for filing a Workers’ Compensation Claim?
- Do I need to seek legal representation from a workers compensation attorney?
- Does it matter who is at fault of the injury?
- Can my Employer fire me if I file a Worker’s Compensation Claim?
- Can an Employer refuse to hire me because I filed a Workers’ Compensation Claim?
- What is the cost or fees to hire an attorney to handle my workers’ compensation case?
What is Workers’ Compensation?
Employers in the State of California are required to have Workers’ Compensation Insurance. Workers’ Compensation Insurance is intended to provide employees who are injured during the course of employment by job-related injuries:
- Medical care benefits – medical treatment to help recover from work injury
- Temporary Disability benefits – wage replacement benefits for lost wages
- Permanent Disability benefits – payments if you are unable to achieve a full recovery
- Supplemental Job Displacement benefits – job skills retraining voucher
- Death Benefits – payments to a spouse, the deceased workers children, or other dependents
What is the process for filing a Workers’ Compensation Claim?
- Report the accident and injury to your manager as soon as possible.
- Complete a DWC-1 claim form and submit it to your employer. Your employer will most likely provide you with this form along with other forms for reporting the accident/injury.
- Go to the doctor immediately for medical treatment as well as to receive an evaluation of the extent of your injury.
- Once you have completed the necessary forms, the Employer’s Workers ’ Compensation Insurance Company has up to 90 days to either approve or deny an injured worker’s claim.
*If you claim is denied it is strongly advised that you consult with a workers compensation attorney to provide legal help in an appeal of the Insurance Companies’ denial of your claim. Contact our office now for a free consultation.
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Do I need to seek legal representation from a workers compensation attorney?
Due to the complexity of workers compensation law and the unique nature of each injured worker’s case, it is difficult to provide a specific answer whether an injured worker should seek legal representation from a workers compensation attorney. A workers compensation attorney can assist an injured worker with obtaining the benefits that they are entitled to under the law as well as maximizing the benefits that they receive. If you are experiencing difficulties with your workers compensation case you may need the assistance of a workers compensation attorney to resolve issues within your case. Contact our office now for a free consultation and case evaluation.
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Does it matter who is at fault of the injury?
No, the California workers’ compensation system is a no fault based system.
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Can my Employer fire me if I file a Worker’s Compensation Claim?
No, an Employer may not terminate or discriminate against an Employee based on the fact that the Employee filed a Workers’ Compensation claim. If you feel you have been terminated from your job or discriminated against based on the fact that you filed a Workers’ Compensation claim, you should seek the advice of an attorney to evaluate your situation. Contact our office now for a free consultation.
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Can an Employer refuse to hire me because I filed a Workers’ Compensation Claim?
Again, the answer is No. Future Employers may not discriminate against an Employee based on filing of a Workers’ Compensation claim. An Employer may not base their hiring determination to hire an individual based on prior Workers’ Compensation claims filed by an individual seeking employment. Contact our office now for a free consultation.
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What is the cost or fees to hire an attorney to handle my workers’ compensation case?
There are no up front legal fees or costs to injured workers. Attorneys fees are contingent upon the benefits you receive. There is no fee unless you recover. Attorney fees are typically 15% of the settlement and benefits you receive.
WARNING: Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.