Workers' Compensation Lawyer

Workers’ compensation law is highly specialized and requires the expertise of a qualified attorney. An experienced workers’ compensation lawyer can simplify the process of filing a claim and help you secure the compensation you deserve for your injuries. Contact our top-rated workers’ compensation attorneys today to schedule a free, one-on-one consultation and discuss your potential claim.

Our dedicated workers’ compensation attorneys understand the challenges of taking time off work due to a workplace injury. You may be dealing with the physical pain of your injuries while also worrying about the financial strain caused by lost income. Let us help alleviate your stress by guiding you through the claims process and advocating for your rights.

Do I need a workers’ compensation attorney?

If you’ve been injured on the job, you may benefit greatly from hiring a workers’ compensation attorney to assist with your claim. While it’s not mandatory to have an attorney, having an experienced lawyer on your side can significantly streamline the process and protect your interests.

Without proper knowledge of workers’ compensation claims, you might face challenges such as:

• Insufficient Compensation: Without expert guidance, you may receive inadequate compensation that doesn’t fully cover your medical expenses and lost wages.
• Claim Denials: Your employer might contest the extent of your injuries or argue that they aren’t covered under workers’ compensation, complicating your claim.

An experienced workers’ compensation attorney can help ensure that you receive the full benefits you’re entitled to, prevent your employer from taking advantage of you, and provide peace of mind during a challenging time.

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.

Here are the key criteria for eligibility:

• Employee Status:
  • You must be classified as an employee to file a workers’ compensation claim.
  • For example, independent contractors and volunteers typically do not qualify under workers’ compensation laws.
• Work-Related Injuries:
  • The injuries must have occurred while you were performing your job duties.
  • For example, if you injured your back while carrying heavy boxes at work, this injury would qualify for a workers’ compensation claim.
• Specific Categories and Exceptions:
  • California laws have detailed definitions of who is eligible to file a claim.
  • For example, seasonal employees and temporary agency workers may have limited eligibility for workers’ compensation claims and may need to navigate specific legal guidelines.

If you meet these criteria, you are likely eligible to file a workers’ compensation claim. An experienced attorney can help clarify any uncertainties and guide you through the process to ensure you receive the compensation you deserve.

For more information, contact our experienced workers’ compensation attorneys to discuss if you are eligible to file 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 a 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 in which you are located. For more information, give our workers’ compensation 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 of the incident. 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 the 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?

When you file a workers’ compensation claim, you may be entitled to various types of compensation, including:

Medical Expenses:

• Coverage for all medical bills related to your injury, including doctor visits, hospital stays, surgeries, medications, physical therapy, and any necessary medical equipment.

Lost Wages:

• Compensation for the time you are unable to work due to your injury is often calculated as a percentage of your regular earnings.

Permanent Disability Benefits:

• If your injury results in a permanent disability, you may receive compensation based on the extent of your impairment and its impact on your ability to work.

Temporary Disability Benefits:

• Payments for the period you are temporarily unable to perform your job duties due to your injury.

Vocational Rehabilitation:

• Assistance with retraining or education if you are unable to return to your previous job due to your injury, helping you transition to a new line of work.

Death Benefits:

• In the tragic event that a workplace injury results in death, workers’ compensation may provide benefits to the dependents or beneficiaries of the deceased employee.

By working with an experienced workers’ compensation attorney, you can ensure that you receive the full range of benefits you are entitled to under the law.

Common Workers’ Compensation Questions

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.