Tracy Workers’ Compensation Attorneys

In California, nearly every employer must provide all their employees with workers’ compensation coverage.

This includes:

• Full-time workers
• Part-time workers
• Seasonal workers

Even if you are the sole employee at your job, your employer must have workers’ compensation insurance. There are very few exceptions to this, but one notable one is in the case of independent contractors. Employers in California are not required to carry workers’ compensation coverage for workers classified as independent contractors. The state has very strict requirements regarding who may be classified as an “independent contractor,” and most workers fall into the category of “employee.”

Covered employees may file workers’ compensation claims when they:

• Are injured on the job or while carrying out any activities that benefitted their employer
• Are injured or become ill due to work-related activities and/or conditions

You do NOT need to prove that your employer or any other person or party was negligently or caused your injury/illness, but you also may not sue your employer unless very specific circumstances apply.

Filing a workers’ compensation claim can be very complicated and confusing. We strongly recommend that you work with an experienced attorney, like those at Pacific Workers', The Lawyers for Injured Workers, who can help ensure you do not make any mistakes that could jeopardize your benefits.

In any case, there are several important steps you should take after a workplace accident or job-related injury, illness, or medical condition:

• Seek Medical Attention: Not only is this important for your overall safety and well-being, but it also establishes proof of your injury. This can be an essential element of your workers’ compensation case, especially if your employer or their insurance provider tries to dispute or deny your initial claim.
• Report the Injury: You must report your work-related injury or illness to your employer (via a supervisor, person of authority, or another appropriate party) in writing within 30 days. The 30 days begins on the date of the injury, the first date on which you missed work due to a work-related condition, or the date on which you became aware your injury/illness was work-related.
• Complete a Workers’ Compensation Claim Form: Your employer should provide you with the workers’ compensation claim form (DWC-1) within one day of you reporting your injury, but you may also download the form from the California Workers’ Compensation website (click here). You must complete the employee portion of the form and return it to your employer or send it via the U.S. Postal Service.

After you have submitted the workers’ compensation claim form, you will receive a decision—either approving or denying your claim—from the Division of Workers’ Compensation (DWC). If your claim is denied, or if there is any dispute regarding your benefits, reach out to our Tracy workers’ compensation attorneys right away.

4 Secrets to a Successful Workers' Comp Claim​

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The first appointment you have after being injured at work is the most important appointment for you workers' compensation claim. We have included a few tips to help you make the best out of your first doctor visit. 

1. Be Specific

Letting the doctor know exactly where you got injured at work, what is hurting you is crucial. If you don't include every ache and pain, it can cause the entire claim to be dropped. If you injured your knee and back in a fall and failed to report the pain on your back and only revealed the knee injury. The insurance carrier will immediately deny any type of back claim a week or two down the line.

You have to be specific about how you complain of pain. Don’t say “I hurt all over, my entire back hurts.” Instead give definite information such as, “I have severe pain in my lower back. I have a few symptoms, numbness and tingling going down my legs.”

There have been cases that revolved around, “Did she complain of pain inside her knee or outside of her knee? Because if it was pain outside of the knee, then I don’t think that this tear was related.”

When talking to your doctor about your pain and injury you do not have to use medical terms. Being as specific as possible is good enough. “Look, my legs are numb,” or, “My left leg is numb,” or “My right leg hurts more than my left.” Being vague will not get you good treatment because the doctors will not know what to treat at that point in time.

2. Give complete information

Let the doctor know exactly what you injured and what hurts on your body. Don’t fall into the trap of, “Well, it’s my back that’s really hurting. The knee isn’t hurting that much, I’m not going to report the knee.”

Make sure you list every part of your body that is hurting at all. It is very important that you do this at every visit.

3. Make sure everything is documented.

Make sure the doctor you are seeing is actually writing everything down. The best way to make sure your injuries are documented is to ask for a pain diagram. Pain diagrams are virtually just a piece of paper that has a figure, a person figure on it, and it requires you to mark the places that you hurt. It is a great way to show your doctor where you hurt yourself at work that day.

If your doctor doesn’t have a pain diagram, a list of your where you hurt and your pain level is also very important. 

4. Be Honest and Truthful

When you first appear in front of a doctor, this is a time to be honest, truthful about exactly what happened at work and how you injured yourself, and what body parts you injured. It’s a time to describe the injury and describe it to the best of your ability. Just don’t try to be too specific and guess things that you don’t know. If you don’t know the amount of weights you lifted, don’t say, “I think it was 80 pounds.” Just say, “It was heavy. I don’t know how much it weighed. It weighed a lot.”

There has been cases where somebody said, “I was lifting an 80-pound bags,” and the employer comes back and says, “No, these were only 30-pound bags,” and now you're off to court, fighting over something you didn’t have to had you not guessed. 

The law does not require you to hire a workers’ compensation lawyer in order to file a claim and recover benefits. However, there are many advantages to working with a legal team.

After a workplace accident or work-related injury, you should be focused on getting proper medical care, managing your condition, and resting. If you wish to recover workers’ compensation benefits, however, you must act quickly. An attorney can help you carry out the necessary steps, including reporting the injury to your employer and completing your official claim form, while you focus on your physical recovery.

Additionally, it is not uncommon for insurance providers to dispute or deny workers’ compensation claims. In fact, it is relatively rare for workers’ compensation cases to go off without a hitch. More often than not, injured employees encounter various issues affecting their benefits, settlement, and other aspects of their claim. When you already have an attorney by your side, you do not have to worry about navigating these challenges, as you will have someone who not only knows the law but who is also willing and able to advocate for you.