FAQ

1. What is a work-related injury?Back to the top

A work-related injury is any injury you suffer while on the job or while performing any duty for your employer’s benefit. If you are injured while running errands for the benefit of your employer, your injury is also considered a work-related injury. Additionally, accidents in company parking lots and buildings are usually covered under California Workers’ Compensation laws.

2. What should I do if I am injured on the job?Back to the top

If you are injured on the job you should take the following steps:

1. Report the injury to your employer or supervisor.
2. Obtain emergency treatment from your employer.
3. Obtain a claim form from your employer.
4. Contact one of California’s Top Workers’ Compensation Lawyers at 877-3LAW-911 or click Get Help now.

3. How much time do I have to report my injury?Back to the top

You must notify your employer within 30 days of your work-related injury, unless your employer knows or should have known about your injury. Even if you do not notify your employer within this time limit, you may still be able to receive benefits, unless your employer can show that it was prejudiced by your failure to disclose your work-related injury. In as case like this, the burden of proof to show prejudice relies on your employee. 

4. Will I get fired if I report a claim?Back to the top

California Workers’ Compensation laws protect you from any form of discrimination by your employer due to you being injured at work, injured on the job, or filing a claim. However, this does not guarantee that you will not be fired if you are injured on the job and file a claim. If you file a claim and your employer decides to retaliate you should contact us at 877-3LAW-911 or click Get Help now for a free consultation with one of California’s Top Workers’ Compensation Lawyers. Our attorneys are dedicated to protecting injured workers’ interests.

5. What benefits am I entitled to?Back to the top

If you were working for your employer at the time of your injury, you are entitled to Workers’ Compensation benefits, even if you were at fault. Your benefits include:

• Temporary Disability. If you are injured at work, your employer is obligated to provide you with Temporary Disability benefits such compensation, medical treatment, and modified work.
• Permanent Disability. If your work injury has left you permanently disabled in any way, your employer must provide you with Permanent Disability benefits such as, compensation for any work restrictions, future medical care, lifetime pension for serious injuries.
• Medical Care. Your employer must also provide you with medical care for your work injury. You can be treated by a doctor or facility chosen by your employer or you may select your own treating doctor or facility. If you are dissatisfied with the treatment provided by your employer, you are entitled to chose your own facility.
• Reimbursement for mileage.Your employer is obligated to pay you for mileage and parking to and from your treating doctor, pharmacy or facility providing you with vocational rehabilitation.
• Death Benefits. If your death is work-related, benefits, including burial and funeral expenses, will be paid to your dependents.
• Penalties. If the insurance company mishandles any part of your claim, you may be entitled to additional monies from the penalties which it will have to pay.

6. Can I receive Workers’ Compensation benefits and state disability at the same time? Back to the top

No, you may collect one or the other.

7. Can I choose my own doctor?Back to the top

Unless you pre-designated your personal physician, your employer is obligated and has the right to send you to a doctor of its choice. As a general rule, the employer/insurance company has the right to medical control for the first 30 days after notice of injury. In some cases, the employer’s medical control could be as much as a year. After 30 days, you may go to a doctor of your choice. 

8. What happens after I file a claim form?Back to the top

Your employer must fill out and sign the “employer” portion of the claim form and give the completed form to a claims administrator. This person handles claims for your employer and usually works for your employer’s insurance company. Your employer must give you a copy of the completed form within one working day after you filed it. Keep this copy. The claims administrator usually must decide within 90 days whether to accept or deny your claim. 

9. When do I need a Workers’ Compensation lawyer? Back to the top

You should seek the advice of a Workers’ Compensation lawyer if:

• You believe that your employer or the insurance company is treating you unfairly or withholding benefits.
• You have a permanent disability which seriously limits your ability to work or causes great pain.
• You are not sure how to proceed with your case.
• You are not satisfied with your medical care.

An experienced Workers’ Compensation lawyer can:

• Help you obtain the benefits to which you are entitled.
• Plan a strategy for your case.
• Gather information to support your claim.
• Keep track of deadlines.
• Represent you in hearings before a Workers’ Compensation judge.
• Inform you about additional available claims and benefits.
• Advise you about types of settlements. 
  

California’s Top Workers’ Compensation Lawyers is dedicated to protecting the rights of injured workers. Call 877-3LAW-911 or click Get Help now for a free consultation with one of California’s Top Workers’ Compensation Lawyers.

10. Am I entitled to my salary while off work? Back to the top
Most injured workers are not entitled to the entire amount of their regular salary while off work due to a work-related accident. If you are temporarily disabled or off work due to a work-related injury, you will generally received two-thirds of your gross average weekly salary. However, California Workers’ Compensation law sets a maximum of $490.00 per week for temporary disability benefits.  You generally cannot sue to recover the difference in your salary you lost as a result of your injury. Workers’ compensation is a no fault system and you cannot sue your employer. You are entitled to recover only that portion of your salary provided by workers’ compensation insurance. 

11. What are my rights regarding temporary disability benefits? Back to the top

• If your injury is covered by workers’ compensation, your first temporary disability payment is due within 14 days after your employer learns that you have a job-related injury or illness; and your treating doctor says that you cannot perform your usual job.
• You are not necessarily paid disability for each day you miss from work. You do not get paid for the first 3 days off work unless your disability lasts 14 days or more.
• You generally cannot work and receive temporary disability at the same time but there are some exceptions.
• If the insurance company cannot determine whether your injury is covered by workers’ compensation, it may delay your first temporary disability payment while investigating. If there is a delay, the insurance company must send you a delay letter explaining why you will not receive payments within the first 14 days; what information the insurance company needs to decide if you are eligible for temporary disability benefits; and when a decision will be made.
• If your payments are delayed the insurance company must pay you an additional 10% of the payment, even if there is a reasonable excuse for the delay. However, there is no penalty if the insurance company sends you a delay letter. In addition, if there is no reasonable excuse for the delay, you could be awarded a substantial extra penalty payment.
• Temporary disability payments end when your treating doctor says that you can return to your usual job, whether or not you actually return to work; when you return to your usual job or to modified work at your regular pay; or you’re your treating doctor says that you will never recover completely and that you are permanent and stationary, i.e., your condition neither improving nor getting worse. When temporary disability payments end, the insurance company must send you a letter explaining why the payments are ending. The letter must be sent within 14 days after your final temporary disability payment and must list all temporary disability payments sent to you.
• If your temporary disability payments stopped because the doctor released you and you still cannot perform your regular work, you can still receive other benefits. Within 14 days of your last temporary disability check, the insurance company must commence either vocational rehabilitation benefits (VRMA) or start advancing permanent disability payments. You may also be eligible for state disability benefits.
• If your temporary disability payments are stopped without explanation, you should immediately call 877-3LAW-911 or click Get Help now for a free consultation with one of California’s Top Workers’ Compensation Lawyers.

12.Why is choosing my doctor important?Back to the top
Your treating doctor will decide what type of medical care you will receive; Help identify the types of work you can do safely while recovering; Determine when you can return to work; Write medical reports that will affect the benefits you receive; Help determine the value of your claim; Determine future lifetime medical needs, if applicable.

13. What rights do I have if I cannot recover from my injury?Back to the top

If your treating doctor says that you will never recover completely from your work-related injury, you may be eligible to receive permanent disability benefits, vocational rehabilitation services and payments and lifetime medical care. 

14. If I was injured in another state, but live in California, how can I file for benefits under Workers’ Compensation laws in California?Back to the top

If you were hired in California and sent to work in Texas, you fall within California jurisdiction; but if you went to Texas seeking work without any contact while you lived in California, you probably do not fall within California jurisdiction. 

15. What if I was injured by defective equipment or someone other than my employer?Back to the top

If you are injured by defective equipment while working for your employer, you may be able to maintain a products liability against the manufacturer of the equipment. The claim against the manufacturer would be separate from your workers’ compensation against your employer. Although workers’ compensation is your exclusive remedy against your employer, separate claims for defective equipment may be appropriate under certain circumstances. If your employer was aware of the defective equipment, additional claims may be filed against it.
If you were injured by someone not working for your employer, you may have a workers’ compensation claim and a third party claim, depending on the circumstances of your injury. Two common examples of third party claims involve automobile accidents while on the job and defective products used on the job. Although workers’ compensation is your exclusive remedy against your employer, there are certain instances when you may maintain a separate action against another party, such as the driver of the other automobile or the manufacturer of the defective product.

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