California Workers Compensation Lawyers
We are experienced workers' compensation lawyers who help people find the right lawyer for their situation. If you would like our help please contact us at (800) 807-9530.
In California, work-injury cases are handled by the Division of Workers’ Compensation. Employees in California are covered for all injuries that are caused by their job, as well as occupational illnesses like exposure to asbestos. Injury claims range from one-time incidents like cutting your finger on a machine, to injuries caused by repetitive motion such as carpal tunnel from excessive typing.
If you were injured on the job in California, it doesn’t matter whose fault it was – you are entitled to benefits either way. In other words, if you got hurt because your employer was careless, or even if you were careless, your case is the same. As long as your injury or illness was job related, you can get paid. In most cases, suing your employer for negligence is not an option.
In California, workers are entitled to several types of benefits. Here is a brief overview:
- Medical coverage. 100% of your medical treatment should be covered by your employer’s workers’ compensation insurance, so long as it is reasonable.
- Temporary Total Disability. If you are unable to perform any type of work after your injury, you can receive 2/3 of your weekly wage up to 104 weeks. Benefits can continue beyond 104 weeks if you have a long-term disability.
- Temporary Partial Disability. If you can only perform some work after your injury (often for a lesser wage), you can receive 2/3 of the difference in wages for up to 104 weeks.
- Permanent Partial Disability. If your doctor determines that your condition has stabilized and is not going to improve (called “permanent and stationary”), you will be given a permanent disability rating. You are entitled to benefits based on this rating, even if you are able to return to work. These benefits may continue for up to 619.25 weeks, depending on the injury.
Physical rehabilitation is available, and job rehabilitation may be available as well.
For the first 30 days, your employer has the right to choose the doctor who treats you. After the 30 days, it may be possible to switch doctors as long as you stay within a specific list or network. If there is a dispute about your doctor’s evaluation of your injury or illness, you can be seen by a Qualified Medical Examiner or an Agreed Medical Evaluator, and their report will be used to resolve the disagreement.
Work-injury cases can be complicated, and we recommend that you hire an attorney with experience in workers’ compensation – preferably one who focuses his or her practice in this area and has a track record of success in obtaining benefits for injured workers.
California work-injury lawyers generally charge on a contingency basis. This means that you don’t pay unless they get money for you. If you end up being denied benefits, you do not have to pay any attorney fees. Since you aren’t paying an hourly fee, you can hire the best lawyer you can find to represent you.
In California, attorney fees in work-injury cases are approved on a case-by-case basis. Fees are generally 15% of the amount of benefits you receive. In other words, if you receive $50,000, your attorney’s fee would be $7,500. In some cases, the fee can be added on to your award.
Tell your employer right away if you are injured on the job or as soon as you realize that any symptoms you’re having are related to your work. You are required to give your employer written notice within 30 days. Failing to give proper notice can result in your case being dismissed.
The statute of limitations – or the time-limit – on filing a claim for workers’ compensation is one year from the date of injury. This is different from the initial notice you give your employer; the one-year time limit applies if your case is disputed. If you do not file by this time, you will not get a second chance.
Filing a claim for worker’s compensation is not a lawsuit; it is more like a claim for health insurance. Your lawyer will be dealing with your employer’s insurance company rather than your employer themselves. But a work-injury claim is different from a health insurance claim in that there are several ways it could turn out. Quick and strategic action can make a difference. Employers or insurers who unreasonably deny or delay benefits may be fined up to $10,000.
You are not required to have an attorney in order to seek benefits, but we recommend that you consult with one if you are injured. A good attorney can at least give you peace of mind in knowing that you are doing everything you can to get maximum benefits. And if your case is disputed or you aren’t getting your disability payments, a good lawyer can fight for you.
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