Answers To Frequently Asked Questions About Workers’ Compensation

Below, we’ve provided answers to some of the most common questions we are asked by clients and prospective clients. After reading, we invite you to contact California Law Associates, Inc, to get your own questions answered during a free initial consultation.

What is workers’ compensation?

Your employer is required by California law to pay for workers’ compensation benefits if you get hurt while you are on the job. You can hurt yourself from repetitive motions for example being a cashier and scanning items constantly, or a teacher having to write on a whiteboard and erase repeatedly. Or, you can get hurt by a single incident like a slip and fall, a chemical burn, a car accident on the way to make deliveries and so on.

What are the benefits I can get?

There are four categories of benefits available: medical care and treatment, disability (wage) benefits, supplemental job displacement benefits, and death benefits. We discuss these in greater detail on our workers’ comp benefits page.

What should I do if I get hurt at work?

If you get hurt on the job, tell your supervisor/boss right away. If your injury is something that develops over time like hearing loss or muscle spasms, tell them as soon as you notice it or believe that it was caused by your job.

If it’s a medical emergency go to an emergency room right away and tell your health care provider it was job related.

After you have told your employer about your injury, they are required by law to give you a claim form called a DWC-1, they have one day to do this after learning about your injury. This is what you will be using to obtain workers’ comp benefits. If your employer didn’t give you a claim form, we can help you request one.

Can I get fired for filing a claim?

No. It is illegal for your employer to fire you because you filed a workers’ comp claim, and if they do, they can suffer penalties. Make sure to tell your attorney if this happened to you.

Can you tell me how much my claim is worth?

No, the only way to determine your future medical care expenses is by getting proper medical treatment from a qualified medical doctor. There is no way of guessing your compensation simply by each injury because everyone is unique. We have helped clients get proper medical care and disability payments for their injuries no matter what the situation is, and we fight to make sure your compensation is fair.

Do I have to be a legal resident of the U.S. to get workers’ compensation?

No, you do not have to be a legal resident of the United States to receive most workers’ compensation benefits

What if it was my fault that I got hurt at work?

You receive benefits no matter who was at fault for your job injury.

What other financial assistance can I get?

You may be eligible for:

• State Disability Insurance (SDI) paid for by EDD.
• Social Security Disability benefits
• Union Benefits such as sick leave, long-term disability insurance (LTD) and salary continuation
• A claim or lawsuit if your injury was caused by someone other than your employer

What can California Law Associates, Inc, do for me?

We can:

• Protect your rights
• Be your advocate
• Gather information to support your case
• Keep track of important deadlines
• Plan a strategy unique to your case and obtain all the benefits available owed to you
• Represent you in hearings before a workers’ compensation judge
• Represent you during depositions with your employer’s insurance company
• Inform you about additional claims and benefits that you may have available

It all starts with a free consultation, so don’t wait to contact us.

How will I know if I need an attorney?

You may need an attorney if you believe your employer or the claims administrator are treating you unfairly or withholding benefits you are owed or if you have a permanent disability that limits your ability to work or causes you pain or if you are not sure how to proceed with your claim/case and no one else with help.

How much will it cost me to hire you?

Nothing. You get a free consultation with our office to determine the issues of your case. Once you hire us, you don’t pay right away, we work on contingency-based fees, which are usually 9% to 15% of your personal disability settlement or award, and a workers’ compensation judge must approve the fee. We never ask for money up front to begin your case.

Free Case Evaluations Available – Reach Out Today

To schedule your free initial consultation with an experienced workers’ compensation attorney, call our office in Santa Ana, California, at 657-467-3057. You can also reach out online.