Do I Need a Lawyer For Workers’ Compensation in California?

Maison Law helps workers in California that have been injured and are going through the workers’ compensation process. No one expects or wants to get hurt at work, but it does happen. When it does, our firm is here to guide you through your options. Contact us today for a free consultation.

Do I Need a Lawyer For Workers’ Compensation Claims in California?

Workers’ compensation in California is important in two main situations. First, if you’re hurt at work, your employer must have workers’ compensation insurance. Problems can come up if your employer doesn’t have this coverage or tries to get back at you for using it. Also, if your injury was due to someone else’s carelessness, the situation can become more complicated.

This is why having a lawyer can really help–even though it’s not legally required. A lawyer makes sure your rights are protected and helps you handle any issues. Our team can:

• Explain your rights and options
• Investigate the accident to figure out what happened and why
• Help gather evidence and file your workers’ compensation claim
• Negotiate with your employer and insurance company for a fair outcome
  
  

Getting injured can make life harder, even with insurance or workers’ compensation to help with costs. We’re here to make the process easier so you can focus on getting better and back to work.

What Are Your Options After Getting Hurt at Work?

Even though you have options for getting hurt at work, it’s incredibly challenging. Not only do you have to deal with getting better, but you’re going to have to miss work and that puts strain on you and your family. This is the main reason why you have the options you do, but it also depends on the situation.

Generally, the process starts with filing for workers’ comp, which is basically just an insurance claim. Once filed, your employer’s workers’ comp carrier investigates the incident, looks at the evidence, and then decides on what benefits you get. Typically, these benefits include things like:

• Medical expenses – This covers doctor visits, treatments, and any medications related to your injury or illness.
  
  
• Temporary disability benefits (TD) – If you can’t work for a while due to your injury, you may get partial wage replacement.
  
  
• Permanent disability (PD) – If your injury or illness causes long-term damage, you could receive benefits that account for your reduced ability to work.
  
  
• Job retraining – If you’re unable to return to your old job, workers’ comp might help pay for training for a new role.
  
  

Workers’ compensation is available even if you don’t need to prove your employer was at fault. However, in serious cases, these benefits may not fully cover your needs. In California, benefits typically run out after 104 weeks. If your injury is serious, these benefits help but might not be enough. 

In such cases, you might be able to then file a lawsuit against your employer or other parties responsible for your injuries. This could give you additional financial support (called “damages”) for lost income, pain and suffering, and medical expenses. Keep in mind, you need to file this lawsuit within two years of the accident.

How Does the Workers’ Comp Claim Process Work?

If you get hurt at work, there’s a basic process to follow. It begins with getting medical attention for your injuries and then moves into filing a workers’ compensation claim. While every case is different, these steps will help guide you and build your claim: 

• Get medical help – Your health is always your first priority. Call 911 or go to a hospital or urgent care center right away to take care of your injuries. If you need first aid, get it until medical help arrives.
  
  
• Report the accident – Tell your supervisor or employer about your injury as soon as possible. In California, you need to report workplace injuries within 30 days.
  
  
• File your claim – Most work injuries are covered. Ask for the necessary form from HR or your employer, fill it out, and return it to them. They should also give you a copy for your records.
  
  
• Investigation – The insurance company will review your claim, which may include checking medical records and speaking with you and witnesses.
  
  
• Medical examination – You might need to see a doctor chosen by the insurance company (known as a QME). You can also consult your own doctor for another opinion.
  
  
• Claim decision – The insurance company will decide if your claim is approved and outline the benefits you’ll receive.
  
  
• Mediation – If there’s a dispute over your claim, you may need to go through negotiation, mediation, or a hearing.
  
  
• Returning to work – If you can, your employer might offer a job that fits your medical limitations. If not, workers’ comp can support training for a new position.
  
  

Every case is different. Some workers recover quickly, while others need more time. Following these steps helps protect your rights and keeps your options open. Our team can guide you through these options, supporting you the whole way.

Contact Maison Law For Guidance on Workers’ Compensation Claims in California

Every job comes with risks, but when negligence is involved, it can make things even more difficult. If you’ve been injured at work in California, Maison Law is here to help. Our experienced workers’ compensation team will guide you through the claims process and work to get you the benefits you need to get better. Don’t wait–contact us today for a free consultation to get the process started.