Question 1

What is the process for filing a Workers’ Compensation Claim?

Accepted Answer

1.Report the accident and injury to your manager as soon as possible, 2. 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, 3. Go to the doctor immediately for medical treatment as well as to receive an evaluation of the extent of your injury, 4. 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.

Question 2

Do I need to seek legal representation from a workers compensation attorney?

Accepted Answer

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.

Question 3

Does it matter who is at fault of the injury?

Accepted Answer

No, the California workers’ compensation system is a no fault based system.

Question 4

Can my Employer fire me if I file a Worker’s Compensation Claim?

Accepted Answer

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.

Question 5

Can an Employer refuse to hire me because I filed a Workers’ Compensation Claim?

Accepted Answer

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.

Question 6

What is the cost or fees to hire an attorney to handle my workers’ compensation case?

Accepted Answer

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.

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