Frequently Asked Questions — CA Workers’ Comp

FAQS

Answers to the questions injured workers actually ask.

Item description
Nothing up front. California workers' compensation attorneys are paid on a contingency basis. Our fee comes only out of the benefits we recover for you, set and approved by the Workers' Compensation Appeals Board. If we don't recover, you don't pay.
Generally the process can take between 6 to 12 months depending on the medical treatment needed to resolve your case. Every case is different. Straightforward claims with cooperative insurers can resolve in months; complex cases involving disputed disability ratings, multiple body parts, or denied surgeries may take a year or more. We'll give you a realistic roadmap during your free consultation.
Call us at (626) 363-2110 or request a consultation online. We'll spend 15–30 minutes understanding your situation, then tell you exactly what we'd do next.
Once we decide to work together, we will file a claim for workers’ compensation benefits in order for you to obtain medical treatment and wage loss if needed, while also obtaining medical legal experts to assess your condition.

Each workers’ compensation case is different, but generally you must treat within their medical provider network (MPN) unless there is a defective MPN, so we will locate best options within these MPNs assuming case is not denied. If claim is denied there can be some other medical options provided on a lien basis dealt with at the conclusion of your case.
We'll evaluate your medical control rights and connect you with our trusted physician network when appropriate.

This process has changed considerably since 2012 state legislative changes. You can appeal a treatment denial, but the likelihood of overturning such a denial is now quite low, but we will do our best to overturn these treatment denials.

At times the defendant may miscalculate your wage loss benefits, so after review of wage calculations, we will fight for you in court to hopefully rectify any underpayment for retroactive benefits
Temporary Disability (TD) is generally two-thirds of your average weekly wage, subject to state minimums and maximums. If you're not receiving it, receiving the wrong amount, or payments have stopped without explanation, we audit what you should be paid and pursue the balance.
Permanent Disability (PD) is a rating, expressed as a percentage, that compensates lasting impairment from your injury. The rating drives a dollar value paid out over time. Insurance companies often understate ratings; getting an accurate PD rating is one of the highest-leverage things an attorney can do for you.
The primary treating physician or the medical legal evaluator known as a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) will eventually assess you to determine whether you have any permanent disability due to your workers’ compensation injury or injuries.

Depending on outcome of your case, you may be entitled to job retraining benefits.
If a worker’s death occurred in the course of employment or as a consequence of work activities there could be death benefits awarded to total or partial dependents along with burial expenses.
California provides death benefits to total and partial dependents of workers who die from a job-related injury or illness, plus burial expense reimbursement. The amounts depend on the number and type of dependents. We handle these cases with care for the surviving family.