Loading 0%

 

Answers to Common Questions 

What if I am injured at work?

Can I get fired if I file a claim?

How long will it take to process my case?

I am an immigrant, will that affect my case?

Will staying out of work longer improve the valueof my case?

Do I really need an attorney?

How much will this cost me?

 

 


 


What if I am injured at work?

If you suffer an incident at work, report the injury immediately to a supervisor and seek medical care.  If you wait until after a notice of termination to report your injury, you may not qualify for Workers' Compensation benefits.

Return to Top

 



Can I get fired if I file a claim?

An employer cannot fire or discriminate against you because you have filed a claim.  If you should get fired or feel you are being discriminated against for filing a claim, immediately contact your attorney and a discrimination claim pursuant to Labor Code Section 132(a) may be filed on your behalf. 

Return to top
 



How long will it take to process my case?

There is no one correct answer for this question.  The settlement will depend on the complexity of the case, the complication of the injuries and the length of treatment.  Some cases will take longer to resolve than others.

Return to top

 



I am an immigrant, will that affect my case?

No, the Labor Code clearly states that an injured worker may be entitled to benefits.  Most benefits will be offered regardless of immigration status.

Return to top



Will staying out of work longer improve the value of my case?

No.  While you are out, you will not receive your entire wage.  It is best to return to work as soon as possible as long as: 
1) the doctors have released you
2) you are physically and emotionally able to do so.

Return to top

 



Do I really need an attorney?

Well, any matter can be brought before the court without the need for an attorney.  Due to the complexity of the Workers' Compensation laws, it is strongly recommended that you consult an attorney specializing in Workers' Compensation.  A specialist will ensure that you receive maximum benefits as provided under the law.  If you are still unsure, you may consult an Information & Assistance Officer.  If you are unlikely to return to your usual job, it is probably best to consult an attorney.

Return to top

 



How much will this cost me?

No fees are payable until your case is resolved. The customary fee is 15% of your recovery.  These fees will be deducted from your settlement and paid by the insurance company. If there is no recovery, there will be no charge. Attorney fees must be approved by the Workers' Compensation Appeals Board. You will not be responsible for medical expenses or bills from your claim and they will not be deducted from your award. 

Return to top