Question 1

Am I eligible for workers' compensation?

Accepted Answer

Most employees in California are covered by workers' compensation insurance. You may be eligible if you were injured while performing your job duties or developed an illness due to your work. Independent contractors are generally not covered, but misclassification is common. Contact us for a free evaluation of your situation.

Question 2

How long do I have to file a claim?

Accepted Answer

You have 30 days to report your injury to your employer and one year from the date of injury to file a workers' compensation claim. For occupational diseases or cumulative trauma injuries, the deadline is one year from when you knew (or should have known) the injury was work-related.

Question 3

What if my claim is denied?

Accepted Answer

Do not give up if your claim is denied. Many denied claims are successfully appealed. Common reasons for denial include late reporting, disputes about whether the injury is work-related, or pre-existing conditions. An experienced attorney can help you challenge the denial and fight for your benefits.

Question 4

Can I choose my own doctor?

Accepted Answer

Initially, you must treat within your employer Medical Provider Network (MPN). However, you can pre-designate your personal physician before an injury occurs if they meet certain requirements. After 30 days, you may also have additional options depending on your situation.

Question 5

How much will I receive in workers' compensation benefits?

Accepted Answer

The amount you receive depends on several factors including your average weekly wage, the type and severity of your injury, and the type of benefits. Temporary disability pays approximately two-thirds of your average weekly wage (subject to minimum and maximum limits). Permanent disability amounts depend on your disability rating. Use our calculators for estimates, or contact us for a personalized assessment.

Question 6

Do I need an attorney for my workers' compensation case?

Accepted Answer

While you can file a workers' compensation claim without an attorney, having legal representation often leads to better outcomes. An attorney can help navigate complex procedures, negotiate with insurance companies, ensure you receive all benefits you are entitled to, and represent you at hearings. Most workers' compensation attorneys work on contingency, meaning you pay nothing unless you win.

Question 7

Can my employer fire me for filing a workers' compensation claim?

Accepted Answer

No, it is illegal for your employer to retaliate against you for filing a workers' compensation claim. California Labor Code Section 132a prohibits employers from discriminating against workers who file claims or testify in workers' compensation proceedings. If you believe you have been retaliated against, you may have additional legal remedies available.

Question 8

What if I have a pre-existing condition?

Accepted Answer

Having a pre-existing condition does not automatically disqualify you from workers' compensation benefits. If your work aggravated, accelerated, or worsened a pre-existing condition, you may still be entitled to benefits for the work-related portion of your disability. Insurance companies often try to deny claims based on pre-existing conditions, so having an attorney can be especially helpful.

Question 9

How long does a workers' compensation case take to settle?

Accepted Answer

The timeline varies significantly based on the complexity of your case. Simple cases may resolve in a few months, while complex cases can take one to three years or longer. Factors affecting timeline include whether the claim is accepted or denied, the severity of your injury, how long it takes to reach maximum medical improvement, and whether the case goes to trial.

Question 10

What is a QME and why do I need one?

Accepted Answer

A Qualified Medical Examiner (QME) is a physician certified by the state to perform independent medical evaluations in workers' compensation cases. If you do not have an attorney, you will receive a QME panel to choose from. The QME report is crucial as it determines your permanent disability rating and can significantly impact your benefits. If you have an attorney, you may use an Agreed Medical Examiner (AME) instead.

Question 11

What is a cumulative trauma injury?

Accepted Answer

A cumulative trauma injury (also called repetitive strain injury) develops gradually over time from repeated work activities. Examples include carpal tunnel syndrome from typing, back problems from heavy lifting, or hearing loss from workplace noise. These injuries are covered by workers' compensation, though proving them can be more complex than acute injuries.

Question 12

I am an independent contractor. Am I covered by workers' compensation?

Accepted Answer

Generally, independent contractors are not covered by workers' compensation. However, many workers are misclassified as independent contractors when they should legally be classified as employees. California uses the ABC test to determine worker classification. If you have been misclassified, you may still be entitled to workers' compensation benefits. Contact us for an evaluation of your situation.

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