Workers' Compensation Lawyer

Workers’ compensation is a very specific type of law that will need a highly qualified lawyer. An experienced lawyer will be able to help you and make it easier on you when filing a claim and getting compensated for what you have been through. Call our top rated workers’ compensation lawyers today to set up a free one-on-one consultation and to discuss your potential workers’ compensation claim.

Do I need a workers’ compensation attorney?

If you have been injured on the job, you may need a workers’ compensation attorney to file a workers’ compensation claim on your behalf. Although an attorney is not required, having an experienced lawyer on your side will help ease the process tremendously. If you are not experienced in workers’ compensation claims, your employer could try to take advantage of you. For example, you may not get compensated enough to cover your medical bills, or your employer may see that the injuries that you have suffered are not covered under a workers’ compensation claim.

Who can file a workers’ compensation claim?

Any employee could file a workers’ compensation claim if they have been injured while on the job. All employers in California are required to have workers’ compensation insurance.

• You must be considered an employee to be able to file a workers’ compensation claim. For example, those who are considered independent contractors may not fall under the employee category and may not qualify when filing a workers’ compensation claim. In certain circumstances, volunteers are also not able to qualify for a worker’s compensation claim.
• The injuries that you suffered must be work related. When you were injured, you must have been on the job or doing a task that is required from you in order to do your job. For example, if your back was injured as you were carrying heavy boxes while at work,  your injuries do qualify for a workers’ compensation claim.
• There are also very intricate details California laws have that further define who is eligible to file a worker’s compensation claim. For example, seasonal employees and employees that are hired through a temporary agency are not eligible for filing workers’ compensation claims. In certain circumstances, they may only have limited capabilities of filing a claim. 

For more information, contact our experienced workers’ compensation attorneys to discuss if you are eligible in filing a workers’ compensation claim. 

How do I file a workers’ compensation claim?

Filing your workers’ compensation claim could be a very complex and difficult process, whether you are located in California or Nevada. Each state has different requirements that you must have to meet in order to file the workers’ compensation claim. Below are some general steps that you must take in order to file a claim. Keep in mind that these steps may change and have different requirements depending on the state that you are located in. For more information, give our attorneys a call to set up a one-on-one consultation.

• Get medical care:  as soon as you have been injured while at work, it is very important that you get the medical care you need. Not only will this help alleviate your injuries, this will also be used to prove your injuries and the medical bills that you have. But, keep in mind that you may have to go to a medical provider that is approved by your work. For example, you may have to go to a doctor that is within your company’s workers’ compensation insurance network. 
• Report the injury: after you have been injured at work, you should report your injury immediately to your employer. There are specific time limits on when you must report your injuries. If you report your injuries after this time limit has passed, you may not be eligible for filing a workers’ compensation claim. In california, you must file a report regarding the injuries within 30 days from when the incident happened. This report must be written, and cannot simply be a verbal conversation you have had with your employer.
• File your workers’ compensation claim:  when filing a worker’s compensation claim in California and Nevada, there are several deadlines that you must meet. If you fail to meet just one deadline, your entire claim could be denied. After you have determined that you are eligible to file a claim, contact your workers’ compensation attorney for assistance filling out your workers’ compensation paperwork. In California, the workers’ compensation form is known as form DWC-1. This form  asks for several details regarding the incident and the injuries that you have suffered. It is very important that you provide all information available.

After you have filed your workers’ compensation claim, you then wait for your employer’s insurance company to approve the workers’ compensation claim and pay out the claim amount. In some  circumstances, the claim may be denied, or partially approved. This is why having a top-rated employment attorney is key to getting the compensation you deserve.

What type of compensation could I receive from a worker’s compensation claim?

You could get compensated for:

• Medical bills
• Time spent out of work

Could I file a workers’ comp claim if I was injured during my lunch break?

In California, injuries that have occurred during an employee’s lunch break are not considered injuries eligible for a worker’s compensation claim. But, if you were injured while on your employer’s property during lunch, you could  hold your employer responsible for having a dangerous condition.

Could I file a workers’ comp claim if I was injured while traveling  to work?

In California, employees are not eligible to file a workers’ compensation claim if they were in a car accident going to work, or going home from work. But, if the employee was driving a company car, they could hold their employer responsible for failing to maintain the vehicle.

Could I file a workers’ comp claim if I was traveling for work?

If you are on a business trip for work and you have been injured while traveling, you could  be eligible for filing a workers’ compensation claim. 

Could I file a workers’ comp claim for carpal tunnel syndrome?

Some workers’ compensation claims are not immediate injuries. Instead, there are other injuries that may take some time to appear, such as carpal tunnel. Carpal tunnel is caused by repetitive movements, usually considered workplace accidents. You could file a workers’ compensation claim if you have suffered injuries from repetitive movements.