California
Tej Law Firm, PC, practice areas include:
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Tej Law Firm, PC, specializes in California Workers' Compensation Law
California Workers' Compensation in a Nutshell
In California, employers are required to carry Workers' Compensation Insurance regardless of the number of employees. When a worker suffers a work-related accident or becomes ill due to work conditions, the insurance company must cover benefits for lost earnings during recovery from an injury, reimbursement of medical expenses, and compensation for any permanent impairment or disability.
Determining your eligibility for these benefits and compensation can give rise to complex issues which may lead to disputes, and that is when you need an experienced California Workers' Compensation lawyer advocating for you to ensure you receive fair payment and medical care for your injuries.
What should I do if I get hurt or injured because of my work?
You should notify your employer as soon as you are injured or know that a work-related illness has developed. Unless you have a medical emergency, do this before seeking medical treatment on your own, as your employer may refer you to a physician who is part of its medical provider network provided by the workers’ compensation insurance company. If you fail to report your injury within 30 days to your employer, you might forfeit your right to collect benefits.
After you have obtained treatment, request and fill out a DWC (Division of Workers’ Compensation) Form 1 and give it to your employer, who will in turn give it to their workers’ compensation insurance company. You will also need to file an Application for Adjudication of Claim within one year of your injury to officially file your worker’s comp claim.
What is covered by my employer’s insurance?
California workers’ compensation insurance companies pay for all medical expenses related to the injury, as long as the medical expenses are authorized. First, you may have to select a doctor within the medical provider network.
Temporary disability benefits are also available if you are unable to work for an extended period of time. Temporary disability pays two-thirds of your average weekly wage while you are temporarily disabled, up to a statutory weekly maximum. If your injury is covered, payments should begin within 14 days.
If your ability to work has been permanently impaired, partially or totally, you will also be eligible for permanent disability benefits. Permanent disability payments are based on the percentage of the impairment you suffered as a result of the work-related injury.
Workers' compensation benefits are not taxable. To determine the full scope of your rights, you should consult an attorney.
What if nobody believes me and my claim is denied?
Your employer’s insurance company might deny your claim if it believes that:
there is insufficient evidence of an injury
your injury isn’t work-related
your injury is due to another job
you don’t need medical treatment, or
you can return to work.
If you disagree with your employer or insurer about a benefits decision, including the denial of your claim, hope is not lost! Contact Tej Law Firm today to begin the appeal process and protect your rights!
What if I don't have money for a lawyer?
We are dedicated to helping injured workers all throughout California, and we will not charge you anything. Getting a workers' compensation attorney has no out-of-pocket costs, even if you do not work with us. After we are able to recover your lost benefits and compensation, we will then take a small percentage of that amount in exchange for our legal representation. Rest assured, there will be no hidden fees or costs to obtain counsel to assist you with your workers' compensation claim.
Contact us today for your free evaluation. We personally review every case and take a sincere interest in our clients. If we cannot help you, we will find someone who will.
