213-488-0660 - Free Consultation

FAQ – How Do I Get Workers’ Compensation Benefits?

California workers who are injured or become ill because of work have the right to receive workers compensation benefits. Unfortunately, many workers find that they lose their rights, are denied the benefits that they are entitled to, or learn they aren’t getting all of their workers’ compensation benefits.

office worker injuryAs soon as a worker knows or suspects that they have a work related injury or illness, they should immediately report it to the employer. Within one day after the injury is reported, the employer must give the worker a claim form. Waiting to report an injury or illness can cause a delay or denial of workers’ compensation benefits.
After the worker completes and turns in a claim form, if an injury causes temporary disability, the first payment of temporary disability indemnity shall be made not later than 14 days after knowledge of the injury and disability. In the case of a dispute, the employer has the right to investigate the claim. If the claim is not denied within 90 days from the date the claim is filed, the injury is presumed compensatable.
The injured or ill worker should never be off of work without a written off work order from the treating doctor. It is important that the doctor advises the employer of the worker’s disability status.

A claim which is not filed until the worker has been notified that they are being terminated is not valid under California law unless it can be shown that, before the notice of termination, the injury had already been reported to the employer, or that there is evidence of the injury in the employee’s prior medical records.

In California, the injured or ill worker has the right to representation by an attorney. A specialist in the field of workers’ compensation law will guide a client through the maze of statutes and regulations that control the case. Consulting a workers’ compensation attorney costs nothing. If an attorney takes the case, the fee will generally be 9-12% of any settlement or award at the end of the case.

Call our office today for a FREE consultation. 213-488-0660

    Send us a message by completing the following form and we will contact you shortly.

    The attorneys Fensten & Gelber are admitted to practice law in the state of California. We can only accept clients and cases in the state of California.

    email is NOT a secure transmission, therefore Fensten & Gelber is not responsible for sending or receiving your email information. Submitting your email should not be construed as forming an attorney/client relationship.

    Representing Injured Workers

    1055 Wilshire Blvd.
    Suite 1708
    Los Angeles, CA 90017

    Se Habla Espanõl

    This website constitutes attorney advertising.

    Copyright 2012-2018 Fensten and Gelber

    Attorneys designated as certified specialists have met standards of education and experience in their specialty which are set by the California Board of Legal Specialization of the State Bar of California.

    The information contained in this Fensten and Gelber website is provided for informational purpose only and should not cause you to form an expectation about the results that you may achieve based on your potential legal claim. Because individual circumstances differ, you should not rely on any information here as being applicable to your given factual situation. You must not rely on any of the general information provided here as being specifically applicable to you.

    Transmission or receipt of any information from this website does not create an attorney-client relationship, and you should not act or rely upon any information appearing on this website without seeking the advice of any attorney. Moreover, because the law is constantly changing, the materials appearing on this website are not guaranteed to be correct, complete, or up-to-date. The content of this webs site contains general information and may not reflect current legal developments, verdict, or settlements. Fensten and Gelber makes no representations or promises that it can obtain the same results as reported in the verdicts on this web site in other legal matters as each case depends on the specific factual and legal circumstances at issue. Note also that sending an email to our office does not create an attorney-client relationship, and the materials appearing on this website are provided for informational use only, and are in no way intended to constitute legal advice of this law firm or any of its attorneys.

    Making a false or fraudulent worker’s compensation claim is a felony subject to up to five years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

    Call Now