Workers' Compensation in California: A Guidebook for Injured Workers

Ourattorneysregularly appear at the Workers’ Compensation Appeals Board, the California Court of Appeals and the California Supreme Court. Two of our attorneys are alsoAV® Preeminent™ Peer Review Rated by Martindale-Hubbell®, the highest rating given for professionalism and ethics in the practice of law. Lawrence Silver has been named “Super Lawyer” byLos Angeles Magazineevery year since it created the category. Workers cannot be fired or otherwise retaliated against for filing a workers’ compensation claim. California law requires that this be done within 30 days of the accident, but it is best that a worker inform their employer immediately.
Sign up to gain unlimited access to our resources page and learn about workers’ compensation and other relevant topics from some of the top experts in the industry today. A victim of a work injury needs to fill out a claim for workers' compensation so as to begin the process of seeking benefits for work injuries. Previously, Ms. Corren worked as an attorney for Schmit, Morris, Bittner & Schmit, and then as staff counsel for Liberty Mutual for five years before co-founding McClellan & Corren. While with Liberty Mutual, she interviewed, trained, and supervised law clerks, paralegals, and new attorneys.



All physician statements must be attached to the STD 634 and be provided to the injured worker’s employment supervisor. It is important to note that it is illegal for an employer to punish or terminate an employee for having a job injury or for requesting workers’ compensation benefits for an injury that is believed to have been caused by the job. In addition, pursuant to California Labor Code section 132a, it is considered discrimination if an employer punishes or terminates any co-workers who testify in the workers’ compensation case. The Law Office of Joseph T. Todoroff, PC provides legal counsel for clients in Roseville who are involved in workers' compensation cases.
We work hand in hand with SIU to prepare fraudulent cases for submission to the appropriate county District Attorney. We give you our highly personalized attention and explore every legal avenue to win you the best possible outcome. When you’re injured, time is of the essence — so it’s important to contact us as soon as possible. We know the legal process can be confusing and overwhelming, so we’ll walk you through what to expect. We are Employment Law, Sexual Harassment, Wrongful Termination, Workplace Discrimination, Wage & Hour, and Whistleblower Attorneys in New York City, New Jersey, Philadelphia, Los Angeles, & Miami. With decades of experience and over $200 Million recovered throughout this time, call now for free consultation.

Some workers’ compensation claims can be resolved between injured workers and claims administrators without any problems. However, if the case is complicated, it may be beneficial to consult one. A portion of your workers’ compensation benefits will be used to pay your attorney’s fee. If you decide not to get an attorney, theInformation and Assistance officersatyour local Division of Workers’ Compensation officemight be able to assist you. At Morgan & Morgan, we have been representing the rights of injured workers for over 30 years.
Throughout practice, I have developed a well-rounded litigation style that will produce the best results for our client from prompt settlements and file closures to litigation of issues that need aggressive defending. I pride myself on being quick to respond to all clients and providing prompt updates. The law requires all employers to ensure the workplace is safe for all the employees. Employees must be trained and inspections should be done regularly to ensure people follow all the rules and regulations. Cal/OSHA is the state agency put in place to ensure that health and safety laws are followed.
Without fail, they find a way to expeditiously close claims with as little cost as possible. Without hesitation, I am pleased to recommend Jeff and Pearlman, Brown & Wax. Some years ago, I met Yvonne Lang at a Claims Review meeting in Santa attorneys Barbara. Since that meeting, I have been a supporter and champion of Ms. Lang and her firm. I have directed other clients to utilize her services and her firm along the central coast as well as Northern California and Orange County.

The Law Offices of Galine, Frye, Fitting & Frangos is a workers' compensation law firm serving clients in the metropolitan San Francisco area. The attorneys help workers injured on the job identify, pursue, and receive the full benefits to which they are entitled. The firm represents construction workers, commercial drivers, manufacturing employees, and others harmed at their place of employment. The lawyers have been recognized in their field as Super Lawyers and have received an AV rating from Martindale-Hubbell. Prior to exclusively practicing in the field of workers’ compensation, she practiced civil litigation defense.
As a no-fault workers’ compensation system, California strives to have their laws benefit both employees and employers. Under this no-fault rule, workers are not allowed to sue their employers in court. In return, employees are not required to prove that their injury was the employer’s fault, only show that the injuries they received are work-related. The workers’ compensation system in California is paid for by employers but provides benefits to injured employees.

You may see a provider from the City’s designated medical treatment facilities. You must also provide newly hired employees with a workers’ compensation pamphlet explaining their rights and responsibilities. Executive officers and directors of corporations must be included in workers’ compensation coverage, unless the corporation is fully owned by the directors and officers. If the directors and officers fully own the corporation, then they may elect to be excluded from workers’ compensation benefits. Fully owned corporations may want to discuss the option to include or exclude their officers and directors with a licensed commercial broker-agent. Rommel obtained his bachelor’s degree from the University of California, Irvine in Political Science and graduated with honors.
With more than 50 years of combined experience, its lawyers, led by principal Robert Allen Piering, pursue settlements and awards for clients' medical expenses and lost wages. It has already recovered millions of dollars in compensation which earned the firm a spot on the Million Dollar Advocates Forum. Both of these injury classifications require your injury to cause some form of disability or require medical treatment. For example, a small scratch that can be treated with first-aid and doesn’t impact your ability to work will not qualify as an injury for the purposes of a workers’ compensation claim.

Attorney Kenton Koszdin's life challenges has provided him with a unique background to understanding client's trials and tribulations. Requests for new office names or name changes must conform to the naming convention. Uniform names have no punctuation or special characters, only capital letters A through Z and spaces. The city is where the office is physically located if known, which may differ from the mailing address, especially for electronic operations.
Therefore, when an injury falls within the coverage of workers’ compensation, then a claim for benefits is the employee’s exclusive remedy, and the employee cannot file a lawsuit against the employer. It’s important for us to reiterate the statute of limitations that are involved with most workers’ compensation claims, which involves informing your employer about the injury within 30 days of the injury occurring. Swift action is crucial in these cases, like with most legal matters, and if you wait too long you can make it much harder on yourself to obtain benefits. Your employer is required by law to provide you with a claim form within one working day of notification that an illness or injury occurred. If your employer or your company’s insurer fails to comply, it’s in your best interests to immediately contact a Sacramento workers’ compensation attorney.
Generally, the employee’s fault in causing the accident does not bar that employee from recovering workers’ compensation benefits. Since it does not matter who is at fault in a workers’ compensation claim, generally the injured worker can receive immediate compensation for medical care and lost wages without waiting for a trial or settlement. Pursuant to California Labor Code section 5402, once a completed Workers’ Compensation Claim Form and Notice of Potential Eligibility is submitted by the employee, authorization for medical treatment must be given within one working day. The employer is required to pay up to $10,000.00 in medical treatment while investigating the claim and until the claim is denied. However, if the claim is accepted, the employer will be required to continue to pay for the worker’s medical treatment. A claims administrator must decide within a reasonable time whether to accept or deny the claim, usually if a denial letter is not received within ninety days from the date the injury was reported then the claim is generally accepted.