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FAQ

  • Helpful Tips

    • What If My Injury Occurred over Time?

      Any type of illness or injury caused directly by your work — due to labor-intensive responsibilities, repetitive tasks, or poor working conditions — still warrants you a workers’ compensation claim.

    • I Was Hurt on the Job and Filed a Claim, Then I Got Fired. Is That Legal?

      An employer who conducts acts of aggression, discrimination, or any form of abuse due to your filing a claim is breaking the law, so they can be penalized for their misdemeanor. They cannot fire you due to work-related injuries or illnesses, nor can they put you in unfair situations due to ill feelings. Fortunately, a lawyer can help protect your rights and get the compensation you deserve.

    • What If I Was Injured on the Job, but My Employer Doesn’t Carry Workers’ Comp Insurance?

      Every working individual has the right to claim workers’ compensation, so even if your employer doesn’t offer it, you’re free to file a claim at any DWC office near you. Naturally, you also have the option to file a lawsuit against your employer since under Section 3700.5 of the California Code, failing to provide insurance is a criminal offense.

    • What If My Workers’ Compensation Claim Was Denied?

      An attorney can help you file to the Division of Worker’s Compensation (DWC) office again to appeal the denial. There are several reasons behind the rejection of your claim,  a lawyer can also provide options to contest this denial.

    • Is workman’s comp the same as workers’ compensation?

      Yes, workman’s compensation is the same as workers’ compensation in all practical applications. You might see the terms exchanged for one another here and there, but they are essentially identical.

    • What is the California 90-day rule for workers’ compensation?

      After you inform your employer about your workplace accident, they need to tell the insurance company as soon as possible, usually within the same workday. Then, the claim administrator has 90 days to accept or deny your claim, with medical benefits being provided throughout that time. If there is no response within 90 days, then your claim ends in your favor by default.

    • My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?

      You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.

    • Do independent contractors get workers’ compensation in California?

      No, most independent contractors are not covered by workers’ compensation insurance that is provided by their employer. The law does not require most employers to offer this sort of employment benefit to independent contractors. To get workers’ comp as an independent contractor, you will usually have to purchase a policy on your own.

  • Common Questions

    • What If I Can’t Afford Legal Representation?

      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.

    • Can I Get Workers’ Compensation If I Was Fired?

      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.

    • Can My Employer Tell Me to Use Sick Time or Vacation/Personal Time off (PTO) If I’m Injured at Work?

      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!

    • What Can I Expect from the Workers' Compensation Process?

      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 attorneys 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.

    • Can't I Just File for Workers' Compensation on My Own?

      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.

    • Am I Eligible for Workers’ Compensation?

      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.

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