If you’ve suffered a work-related injury in California, you may be unsure of your rights and how to get the benefits you need. Workplace injuries can range from minor sprains, to severe, life-altering conditions, leaving you with costly medical bills, lost wages, and uncertainty about your future.
Fortunately, California law requires most employers to carry workers’ compensation insurance, providing injured employees with coverage for medical treatment, wage replacement, and other essential benefits. However, the process of obtaining your workers’ compensation coverage after being injured isn’t always straightforward, and insurance companies may try to limit or deny your claim.
At Lavi & Ebrahimian, LLP, our California employment attorneys are here to guide you through the process, protect your rights, and help you secure the benefits you deserve.
Call us today at (310) 432-0000 to schedule your free consultation.
Why Choose Lavi & Ebrahimian, LLP To Handle Your California Workers’ Compensation Claim
When your ability to earn a living is put at risk due to a workplace injury, you need experienced legal representation that won’t back down. At Lavi & Ebrahimian, LLP, we are dedicated to protecting the rights of injured workers and ensuring they receive the full benefits they deserve. With a proven track record of standing up to employers and insurance companies, our team is ready to fight for you.
When you work with us you get:
- Experienced trial lawyers who fight for you – we are prepared to take your case to trial if necessary. Employers and insurance companies know we don’t back down, which gives us a strategic advantage when negotiating your claim.
- Decades of experience in employment and workers’ compensation law – we have more than 20 years of experience successfully representing employees in California. We focus exclusively on employment law, ensuring you receive knowledgeable and dedicated legal support.
- Personalized legal guidance – we understand that every case is unique, so we take the time to understand your situation and tailor our legal strategy specifically to your needs. From your initial consultation to the resolution of your case, we provide you with clear, consistent communication and aggressive representation.
- No upfront costs, we only get paid if you win – we believe that justice should be accessible to everyone. That’s why we work on a contingency fee basis – meaning you pay nothing unless we secure compensation for you.
Who Can File A Workers’ Compensation Claim?
In California, you may file a workers’ compensation claim if you are an employee who was injured or became sick due to your job. It is important to note that you must be an employee to receive workers’ compensation benefits, independent contractors, freelancers, and volunteers are not eligible.
Workplace injuries may range from minor to life-altering. Some of the most common work-related injuries include:
- Slip and fall injuries – such as broken bones, sprains, and head injuries
- Repetitive strain injuries – including carpal tunnel syndrome and tendonitis
- Back and neck injuries – often caused by heavy lifting or poor ergonomics
- Occupational illnesses – such as respiratory diseases or exposure-related conditions
- Traumatic injuries – including fractures, burns, brain injuries, or amputations from machinery accidents
- And more
If you have suffered a work-related injury, you may be entitled to benefits covering medical treatment, lost wages, and more. If you told others about your injury or about an unsafe work environment and your company retaliated against you, contact a California whistleblower lawyer today.
How Long Do I Have To File a Workers’ Compensation Claim in California?
Filing a workers’ compensation claim involves two key deadlines. First, you must report your illness or injury to your employer within 30 days of becoming aware of the condition. Once you have reported your condition to your employer, you have one year from the date you discovered your injury or illness to formally file a workers’ compensation claim.
Failing to meet these deadlines could prevent you from receiving benefits. An experienced attorney can guide you through the process, help you avoid costly mistakes, and ensure you take the necessary steps to secure the compensation you deserve.
How Do Workers’ Compensation Claims Work in California?
Filing a workers’ compensation claim in California involves several critical steps, and understanding the process can help ensure you receive the benefits you deserve.
Report your injury to your employer
As soon as you are aware you’ve suffered a work-related injury or illness, you must report it to your employer. Failing to do so could jeopardize your ability to receive benefits.
Seek medical treatment
If you’ve experienced an emergency, seek immediate medical attention. Otherwise, your employer may provide you with a list of approved healthcare providers for your treatment.
File a workers’ compensation claim (DWC-1 Form)
After notifying your employer, they must provide you with a DWC-1 claim form. You must complete and return this form to begin the claims process. Your employer will then submit it to their workers’ compensation insurance carrier.
The insurance company will review your claim
Once your claim is submitted, the insurance company has up to 90 days to investigate and either accept or deny your claim. In the meantime, you may be eligible for up to $10,000 in medical treatment while waiting for approval.
Receive benefits, if approved
If your claim is approved, you may receive benefits, including
- Medical expenses – to cover necessary treatments, surgeries, rehabilitation, and medication
- Temporary disability benefits – wage replacement while you’re unable to work
- Permanent disability benefits – compensation if your injury results in lasting impairments
- Job displacement benefits – vouchers for retraining if you cannot return to your previous job
- Death benefits – payments to dependents if a workplace injury leads to death
Appeal claim, if denied
If your claim is denied, you have the right to appeal. This involved requesting a hearing before a workers’ compensation judge, through the division of workers’ compensation (DWC). Having an experienced attorney by your side here can significantly improve your chances of a successful appeal.
How Hiring A Workers’ Compensation Lawyer Can Help You
Filing a workers’ compensation claim can be complicated, and insurance companies often try to minimize or deny benefits. A lawyer can protect your rights, ensure all paperwork is completed correctly, and gather evidence to strengthen your case. They negotiate with insurers for fair compensation and represent you in appeal if needed. Additionally, an attorney can help you explore all available benefits, maximizing your compensation. If you’re facing challenges with your claim, legal guidance can make a crucial difference in securing the support you deserve.
Call Lavi & Ebrahimian, LLP Today To Learn More About Your Options
If you’ve experienced a work-related injury and are pursuing a workers’ compensation claim, let Lavi & Ebrahimian, LLP fight for your rights. Schedule a free consultation today by calling us at (310) 432-0000 or contacting us online to learn more about your options.