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Filing Your Workers' Comp Claim

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Were you injured at work? Have you been diagnosed with a work-related illness? Nearly all employees in the state of California are covered by workers’ compensation.

Workers’ comp is a no-fault system (meaning you do not need to prove that your employer was at fault for the incident that caused your injuries) that provides certain benefits to injured workers. By filing a workers’ compensation claim, you can seek benefits to cover your medical costs, lost wages, future earnings, and retraining/skill enhancement-related expenses. However, filing a workers’ compensation claim can be complex and time-consuming; mistakes on your application or disputes with your employer’s insurance provider could result in you being unable to recover your rightful benefits. The best way to ensure a smooth filing process and better your chances of a favorable outcome is to work with an experienced workers’ compensation attorney.

At Pacific Workers', The Lawyers for Injured Workers, our attorneys have over 130 years of collective experience and a proven record of effectively advocating on behalf of injured workers. We understand the California workers’ compensation system, and we know how to help you navigate the process of seeking your rightful benefits. When you work with our firm, you get an entire team of legal professionals working for you. We are always here to answer your questions, address your concerns, and guide you through the process from start to finish.

 

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    Pay nothing unless you win your case.  Payment comes from Insurance Company and not from your pocket!
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  • Northern CA's Authority in Workers' Comp
    With over 130 years of collective experience, our firm has an exclusive focus on workers' compensation.

Who Is Eligible for Workers’ Comp in California?

In the state of California, all workers designated as employees are eligible for workers’ compensation. This includes full-time, part-time, and seasonal workers. Additionally, it does not matter if your employer has 100 employees or just a single employee—all employers in California must carry workers’ compensation insurance (with very few exceptions).

That being said, you are not covered by workers’ compensation if you are an independent contractor. Other ineligible workers include domestic laborers (housekeeping, childcare, cooking, etc.) employed by family members, individuals who work for aid rather than wages, certain volunteers, and others. You can see a full list of workers who are not eligible for workers’ compensation in California here.

When Should You Get a Lawyer for a Work Injury?

You were recently injured at work and are wondering when you should get in contact with a workers’ compensation attorney. The simple answer is right away. However, the first thing you should do is seek medical treatment. No matter how “small” your injury may seem, it’s a good idea to get it treated. Going without treatment can make the injury worse or lead to another injury.

An experienced workers’ comp attorney will guide you through the complex process of getting the benefits and help you deserve.

How Do I File a Workers’ Compensation Claim?

In order to file a workers’ compensation claim, there are several important steps you must take. First and foremost, it is of the utmost importance that you are properly treated by a medical professional for your injuries/illness. If you are hurt, go to the doctor or call 9-1-1 right away. This is not only critical for your health and safety; it is also a key component of your workers’ comp claim.

You must also report the injury (or illness) to your employer prior to filing a claim. It is essential that you report the injury in writing to your supervisor or another appropriate individual within 30 days. If you suffer a work-related illness, you must report it to your employer in writing within 30 days of missing work due to the condition/seeing a doctor for the condition and being made aware that the condition is work-related (typically, because your doctor tells you so).

After reporting the injury, you should receive a workers’ compensation claim form (DWC-1) from your employer within one day. You may also download the form yourself on the California Workers’ Compensation (DWC) website. Fill out the employee portion of this claim and hand it in to your employer or send it in via USPS.

Why Should I Hire a Workers’ Compensation Attorney?

Workers’ compensation claims are rarely straightforward. It is not uncommon to run into various challenges when filing your claim. Your employer may dispute the validity of your claim, arguing that your injury is not work-related. The insurance company may deny your benefits. Your treating physician may decide you have reached maximum medical improvement and release you to return to work before your injuries have fully healed. Your employer may fail to offer you light duty work upon your return.

If your claim involves any complexity whatsoever, it’s in your best interests to work with an experienced attorney. An attorney can help you meet these challenges head-on and fight to protect your rights. At Pacific Workers', The Lawyers for Injured Workers, we are committed to helping injured workers across all industries get back on their feet. We believe in doing what’s right and, as such, we dedicate all of our time, resources, and skill to helping hard-working people in our community fight back against unjust insurance tactics.

Learn how our family of workers’ compensation lawyers can help you with your claim; call (888) 740-6434 today for a free, confidential consultation.

Commonly Asked Questions

What benefits can I seek with a workers' compensation claim in California?

In California, if you've been injured at work or diagnosed with a work-related illness, you can file a workers' compensation claim to seek benefits that cover a range of expenses. These benefits include medical costs, lost wages due to time off work, compensation for future earnings if you're unable to return to work, and expenses related to retraining or skill enhancement if you need to switch professions. It's important to ensure your claim is accurately filed to receive all the benefits you're entitled to.

Do I need to prove my employer was at fault to receive workers' compensation benefits?

No, you do not need to prove your employer was at fault to receive workers' compensation benefits in California. The state operates under a no-fault system, which means that as long as your injury or illness is work-related, you can file a claim for workers' compensation. This system is designed to simplify the process for injured workers to receive their rightful benefits without the need for proving fault.

Why should I consider hiring a workers' compensation attorney in California?

Navigating the workers' compensation claims process in California can be complex and time-consuming. Hiring an attorney with experience in workers' compensation can help ensure that your claim is filed correctly and efficiently, minimizing mistakes that could delay or reduce your benefits. An attorney can also represent you in disputes with your employer's insurance provider, advocating for your rights and working towards a favorable outcome for your claim.

WE ARE PACIFIC WORKERS
THE LAWYERS FOR INJURED WORKERS

NORTHERN CALIFORNIA'S BEST WORKERS COMP ATTORNEYS Over $300,000,000 recovered

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Let Us Help You

Our firm assists airline and airport employees, auto workers, business professionals, construction workers, firefighters, health care workers, first responders, hospital employees, industrial workers, police officers, restaurant employees, union workers, and others in all aspects of workers’ compensation law. Whether you need help dealing with your workplace injury, appealing a denied workers’ compensation claim, or fighting back against retaliation and wrongful termination, we are ready to help. Our team has over a 98% success rate in workers’ compensation cases, and there are no fees unless we win. Most of all, we strive to ease your stress by providing consistent communication, technologically advanced services, and comprehensive representation that allows you to simply focus on healing. Here at Pacific Workers', The Lawyers for Injured Workers, we truly care about our clients.

We have Helped OVER 8,000 CLIENTS aND WE CAN HELP YOU TOO!

    Thank you for being so kind and completely sympathetic to my case!

    “I started my fight against my company's workers comp and after talking to Almarie for the first time I already felt a lot of weight off my shoulders. It feels nice to have someone fighting for your rights but also keeping you in check for your own good.”

    Jazzie D. Daly City, CA
    They took care of me!

    “Bilal worked on my case and he was very professional, friendly, and kind to me. I was so nervous about my deposition and he made me feel very comfortable and less stressed about the whole situation.”

    Gabi O. Sacramento, CA
    The most down to earth team I have ever met!

    “They have strong communication and I was respected throughout the whole process. They had never given up on me!”

    Nekealla C. Tracy, CA
    I'm forever grateful & thankful to all!

    “I especially want to thank Mr. Jason Insdorf, who worked in attaining a settlement I never expected.”

    L.S. Union City, CA
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