FAQ

We understand that many injured individuals hesitate to retain legal representation due to financial reasons. This is why our firm accepts workers' compensation and personal injury cases on a contingency fee basis. This means you do not have to pay us a dime unless we obtain recovery on your behalf. In addition, we offer all our potential clients a free evaluation, either in person or over the phone. We believe that all injured workers and individuals should have access to high-quality legal representation, regardless of their financial situation.

If you were terminated while already receiving workers’ compensation benefits, this does not necessarily affect your right to receive benefits. However, if you were terminated “for cause” (for example, if you were fired because you were caught stealing from your employer), you will not be able to continue collecting benefits. If you were not fired for cause, but were laid off due to your position being terminated or various other reasons, you may still be able to continue collecting your workers’ compensation benefits. If you believe you were terminated because you filed for workers’ compensation or because you were hurt at work, you may have grounds for a retaliation claim. Learn more, including whether you can continue receiving workers’ compensation benefits if you were laid off due to the coronavirus pandemic, see our video with Attorney Bilal Kassem on our Facebook page.

Following a work-related injury, you may not receive workers’ compensation benefits right away or your workers’ compensation claim may be denied. You may receive a note from your doctor that you may take time off work due to your injuries, but how will you be paid if you are not actively seeking workers’ compensation benefits? Your employer may tell you to use your state-mandated/employer-provided sick time in order to continue being paid while you are out of work. Once this sick time is exhausted, your employer may tell you that the only way you can continue to be paid is if you use your vacation or PTO time. In some cases, this may actually be the only way to continue receiving wages while you are out of work and not receiving workers’ compensation benefits. For more information, check out our video with Attorney Bilal Kassem on this topic by visiting our Facebook page!

As soon as you reach out to us for help, we will assign you a full-time case manager and attorney. An application will be filed with the Workers' Compensation Appeals Board (WCAB) on your behalf. We will get started on your case immediately to help you receive the medical care you need. If we are unable to receive a fair settlement from the insurance company, we are ready and willing to take your case to trial. After a few months, you will most likely give a deposition. One of our highly experienced Oakland workers' comp lawyers will prepare you and stand at your side the entire time. You don't even have to attend court hearings! One of our trained hearing officers or attorneys can attend on your behalf.

Filing for workers' compensation on your own increases the chances that your claim will be denied. One small misstep can prevent you from obtaining the compensation you need for your injuries. In addition, the process is usually complex and tedious, especially for someone with no workers' compensation law experience. It is extremely advantageous that you seek reliable and experienced legal guidance for your claim.

In California, all employees are eligible for workers’ compensation with very few exceptions. If you are classified as an “employee” (rather than an “independent contractor”), you are eligible to receive benefits. This is true regardless of how many employees your employer has, how many hours you work, how much you make, whether you work part-time or full-time, or whether you are a seasonal worker. Additionally, undocumented workers are also eligible for workers’ compensation granted they meet all other eligibility requirements. In contrast, independent contractors and certain other workers, including some volunteers, household workers who are employed by a family member, and others, are not able to file for workers’ compensation benefits.

Navigating the workers' compensation claims process in Oakland can be complex and time-consuming, especially with the added pressures of Bay Area living costs. 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.

California uses a statewide calculation for temporary and permanent disability benefits, which may feel insufficient given Oakland's high living costs. We fight to maximize your benefits and explore additional compensation avenues.

Your employer's insurance must provide a Medical Provider Network (MPN) list. In Oakland, this often includes Highland Hospital, Kaiser Oakland, and various specialty clinics. We help ensure you get treatment from qualified providers who understand workers' comp cases.

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.

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. Given Oakland's high cost of living, it's important to ensure your claim is accurately filed to receive all the benefits you're entitled to.

It depends on your injury and work restrictions. Some injured workers can perform modified duties, while others may need to take time off. Your doctor will determine your work status based on your condition.

You should report your injury as soon as possible. Generally, you have one year from the date of injury or illness diagnosis to file a claim, but certain presumptive conditions may have extended deadlines.

If your claim is denied, you have the right to appeal the decision. Consulting a workers' compensation attorney can help you navigate the appeals process and protect your rights.

Yes, PTSD and other mental health conditions may qualify for workers' compensation benefits if they are caused by job-related stress or trauma. California law recognizes PTSD as a compensable work-related condition for first responders.

Certain conditions, like heart disease, cancer, PTSD, and respiratory illnesses, are presumed to be work-related for qualified first responders. This means the burden is on the employer to prove the condition was not caused by the job.

It’s illegal for your employer to fire, retaliate against, or discriminate against you for filing a claim. If you experience retaliation, you may have grounds for a wrongful termination lawsuit.

Yes, workers’ compensation in California is a no-fault system, meaning you can receive benefits regardless of who was at fault for the accident—except in cases of intoxication or intentional self-harm.

If your claim is denied, you have the right to appeal. An experienced workers’ compensation attorney can help gather evidence, represent you in hearings, and fight for the benefits you deserve.

In some cases, yes. Many companies misclassify delivery drivers as independent contractors to avoid providing benefits. An attorney can help determine if you should be considered an employee and eligible for compensation.

In California, you generally have one year from the date of your injury to file a workers’ compensation claim. However, you should report the injury to your employer within 30 days to avoid complications.

If you're unable to work during the off-season because of a work-related injury, you may be eligible for additional benefits, such as those provided by the Employment Development Department (EDD). It's important to explore all available resources to support yourself during your recovery.

Independent contractors are generally not eligible for workers' compensation benefits because they are not considered employees under California law. However, some employers may misclassify employees as independent contractors. If you believe you are misclassified, consult with a legal professional to assess your situation.

If you're injured on the job, take the following steps:

1. Report the Injury - Notify your employer immediately, both verbally and in writing.
2. Seek Medical Attention - Obtain necessary medical treatment and ensure the injury is documented.
3. File a Claim - Complete a Workers' Compensation Claim Form (DWC 1) provided by your employer and submit it promptly.

Timely reporting and documentation are crucial to ensure your claim is processed efficiently.

Compensation for seasonal workers is typically based on your average weekly earnings during the employment period. If you're unable to work due to the injury after the season ends, eligibility for benefits may depend on factors such as your employment history and whether you usually seek other employment during the off-season.

Employers in California are legally required to provide workers' compensation coverage to all employees, including seasonal workers. If your claim is denied, it's advisable to consult with a workers' compensation attorney to understand your rights and explore options for appealing the decision.