Workers’ Compensation

• - Orthopedic injuries (back, neck, shoulder, or leg trauma)

- Repetitive strain or motion-related disorders (carpal tunnel, tendonitis)

- Respiratory or chemical exposure illnesses

- Stress-induced or psychiatric conditions

- Workplace accidents involving machinery or vehicles

No matter the cause, if the injury occurred within the scope of employment, it may be compensable under Workers’ Compensation law.

Medical Care, Wage Replacement, and Rehabilitation

The Workers’ Compensation system provides multiple categories of benefits to ensure full recovery and financial support for injured employees.

All necessary and reasonable medical care for your injury—doctor visits, hospitalizations, surgeries, physical therapy, medications, and diagnostic testing—is covered.
Employers or their insurers are required to pay these expenses directly, meaning the injured worker should not be billed out of pocket for approved treatment.

If you are unable to work while recovering, you are entitled to temporary disability payments, usually equal to about two-thirds of your average weekly wages, subject to state limits. These benefits continue until your treating physician determines you are able to return to work or have reached maximum medical improvement.

If the injury results in lasting impairment, you may receive permanent disability compensation. The amount is determined by your level of impairment, age, occupation, and pre-injury wages, often calculated using the American Medical Association (AMA) guidelines.

When an employee cannot return to their previous occupation, they may qualify for retraining or a job displacement voucher. This benefit helps cover education or skill development programs to secure alternative employment.

If a work-related injury or illness leads to death, surviving dependents—spouse, children, or other qualifying family members—may receive death benefits, including funeral expenses and ongoing financial support.

• - Report the Injury Immediately: Notify your employer as soon as possible—preferably within 24 hours. Failure to report promptly can jeopardize your claim.

- Seek Medical Evaluation: Visit an authorized doctor to document the injury and establish a treatment plan.

- File an Employee Claim Form: Your employer must provide a Workers’ Compensation claim form. Complete and return it to initiate the formal claim process.

- Employer Notification: The employer must forward your claim to its insurance carrier within one working day.

- Medical Review and Benefit Authorization: The insurer reviews the claim and authorizes treatment and wage benefits as applicable.

Maintaining detailed records—medical visits, communications, and correspondence—is crucial to substantiating your claim later.

When the Insurance Company or Employer Disputes Your Case

Despite the intent of Workers’ Compensation to be straightforward, many valid claims are denied or delayed by employers and insurers.

• - Employer disputes that the injury occurred at work.

- Claim was filed late or incomplete.

- Insurance company alleges pre-existing medical conditions.

- Insufficient medical documentation or lack of causation proof.

- Surveillance or “Sub Rosa” investigation suggesting fraud.

If your claim has been denied, you have the right to appeal the decision or file for a hearing before the Workers’ Compensation Appeals Board (WCAB). An experienced attorney can ensure deadlines are met, evidence is properly submitted, and your case is heard fairly.

• - Your employer denies the injury occurred at work.

- The insurance company refuses to pay medical or disability benefits.

- You have been cleared for work prematurely despite ongoing pain.

- Your benefits have been delayed, reduced, or stopped without explanation.

- You face retaliation, demotion, or termination after filing a claim.

Most Workers’ Compensation attorneys work on a contingency fee basis—meaning you pay nothing unless you win compensation. Legal fees are often capped by law and may even be covered by the insurer in successful claims.

You Cannot Be Punished for Exercising Your Rights

It is illegal for employers to retaliate against workers who file or intend to file a Workers’ Compensation claim.

• - Termination, demotion, or reduction of pay.

- Denial of promotions or benefits available to other employees.

- Harassment or intimidation in the workplace.

Under Labor Code Section 132(a) and corresponding federal laws, employees subjected to retaliation may be entitled to reinstatement, back pay, increased compensation, and, in some cases, civil damages. Our firm helps clients take swift legal action against such unlawful behavior.

• - Follow your doctor’s instructions carefully regarding physical limitations.

- Be honest about your capabilities in all medical and legal communications.

- Avoid public activities or social media posts that could be misconstrued.

- Document your treatment progress and maintain transparency with your physician.

Fraudulent claims can lead to criminal penalties, but honest claimants are fully protected when their documentation and communication are consistent.