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The entire point of the workers’ compensation system is to ensure that injured workers receive all of the benefits that they’re entitled to under California workers’ compensation or workman’s’ comp law. However, the law requires that an injured employee actually be in the course of…
Can you tell me the two main ways to settle my workers’ comp case?
If you’re a California injured worker, you have two main options in settling your case when the time is right. You can either settle by a Stipulated Award (Stips) or by Compromise and Release (C&R). There are upsides and downsides to each but you should…
I work an extremely stressful job and I suffered a heart attack. Am I eligible for workers’ compensation benefits?
The short answer is it depends. California does recognize heart attacks as possibly work-related injuries but don’t expect an insurance company to simply roll over and accept the claim. In most instances, the insurance will deny your claim. If you’re a police officer or firefighter,…
I was injured but I think my boss knowingly put me in a very dangerous situation. Is there anything else that can be done for me?
Sometimes, employers put their employees in dangerous situations that especially dangerous. In those cases, an injured workers might be entitled to an increase where the award is increased by 50 percent. In those cases, an injured worker may file a Petition for Serious and Willful…
The insurance company denied my claim but I need medical treatment. Can I use my private medical insurance?
If your claim is denied, you can your private medical insurance to treat if your insurer is willing to do so. Keep a ledger of all of your out of pocket expenses including mileage and copays (if you have to make one). If the claim…
I’m afraid I might be fired because of my injury. Can my employer fire me?
First and foremost, it’s important to know that it is illegal for your employer to retaliate or terminate you for sustaining a job injury or for filing a workers’ compensation claim. The same protection applies to co-workers who testify in your case. This type of…
I have a union job. Is there a law that says I must resign to settle my case with a Compromise & Release? I do not want to resign. The current adjuster says I need to resign to settle. What should I do?
No defendant is ever forced to settle a claim by a lump sum Compromise & Release. There is also no law saying that an insurance company has to offer you a C&R. Therefore, it is your decision to accept the offer and quit or not…
I was hurt on the job but don’t know what to do. What should I do first?
You should tell your employer as soon as possible that if you were injured on the job. There are may rules and times that apply to the first 90 days after a claim is filed so it’s important that you report the claim immediately. Otherwise,…
The insurance company accepted my claim and started paying me Temporary Disability Benefits. How long will I receive these benefits?
Temporary Disability Benefits typically don’t last forever. There are some exceptions, but usually, TD payments end when: Your treating doctor says you can return to your usual and customary job. This is the case even if you don’t return to work; You return to your…
I’m afraid I might be fired because of my injury. Can my employer fire me?
First, please note it is illegal for your employer to punish or fire you for having a job injury, or for filing a workers’ compensation claim when you believe your injury was caused by your job. It’s also illegal for your employer to punish or…
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