Important Aspects of Workers' Compensation
&
Frequently Asked Questions
HOW & WHEN
TO FILE A
CLAIM
Injured workers must complete and submit a Workers’ Compensation Claim Form (Form DWC 1) to their employer within 30 days of knowledge of the injury. A link to this form, via the Division of Workers’ Compensation (DWC) website, is provided below:
https://www.dir.ca.gov/dwc/DWCForm1.pdf
Any work-related injury or illness should be reported to the worker's supervisor (or appropriate employer contact) as soon as possible. Sometimes this is difficult if the worker's injury develops over a period of time. In this case, the injury/illness should be reported as soon as it becomes apparent it was caused by the job. If a work-related injury is not reported within 30 days, the process could become more complicated and rights to receive workers' compensation benefits could be delayed and/or denied.
Important Note: Make sure to keep a copy of all forms submitted along with submission details (date, time, who/where the form was submitted).
TYPES OF WORKERS' COMPENSATION
BENEFITS
AVAILABLE
Medical treatment
Temporary disability
Permanent disability
Supplemental Job Displacement Benefit (SJDB) Voucher
TYPES OF WORKERS' COMPENSATION
SETTLEMENTS IN
CALIFORNIA
Stipulations with Request for Award
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Typically results in biweekly payments for permanent disability benefits not yet paid.
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Maintain right to seek medical treatment under the claim.
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Retain ability to petition for additional temporary disability and permanent disability benefits within five (5) years of the date of your injury.
Compromise and Release
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An agreement to give up your rights to all possible benefits for your claim in exchange for a lump sum settlement.
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Both the injured worker and the employer/insurance carrier must agree to the settlement. Neither party can be forced into this type of settlement.
If the parties are not able to agree to either type a settlement, a trial will be required to address the active disputes and determine the benefits to be awarded to the injured worker.
WHAT HAPPENS
IF A CLAIM
IS DENIED
If your Workers' Compensation claim has been denied, you have a right to challenge the decision. There are specific deadlines for when these papers must be filed- do not delay!
Why claims are denied:
There are a number of reasons why a claim might be denied. Sometimes the insurance company might be requesting further information while other times it's because the employer and/or insurance company has determined that your injury is not work-related.
What happens next:
Contesting the denial of your claim means that your case will be heard by a Workers' Compensation judge. If you need help with your claim, you can access the Information and Assistance Unit webpage for helpful information and resources.
If you have been injured at work and your claim has been denied, now is the time to seek legal representation to help get your claim accepted so that you may receive Workers' Compensation benefits for your injury.
Haro Law, Inc. is experienced in pursuing and litigating Workers' Compensation claims and helping injured workers receive the benefits they deserve.
Call or email our office today to schedule your free Workers' Compensation claim evaluation. There are no upfront fees or hourly rates- attorney fees are collected as a percentage of the claim award and/or settlement.
BENEFITS OF USING AN EXPERIENCED & LOCAL
WORKERS' COMPENSATION
ATTORNEY
Having an experienced and local attorney on your side matters.
-
Claims adjustors and insurance companies are not in the business of making sure injured workers receive maximum benefits for their claim. Using an attorney who is experienced in navigating the Workers' Compensation discovery process, protecting rights to potential Workers' Compensation benefits, and reaching equitable settlements of Workers' Compensation claims will almost always result in receiving the best practical settlement.
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Being local to Northern California, and having practiced for over a decade before the Workers' Compensation Appeals Boards in the North State, we have an in-depth understanding of the judges, opposing attorneys, and local practices that affect Workers' Compensation claims in our region.
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Our focus on personalized service and tailored legal representation allows us to treat each client as an individual person instead of just a case number.
HOW TO KNOW WHEN YOU SHOULD HIRE A WORKERS' COMPENSATION ATTORNEY
When any type of complications begin to arise in your case it's a good indicator that you might want to discuss your situation with an attorney. During a free initial consultation and claim review, our attorney will go over the benefits you may be entitled to.
Here are some situations that could indicate it's time to speak to an experienced Workers' Compensation attorney:
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Your claim and/or treatment has been denied;
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You are having trouble obtaining treatment;
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The original injury has caused symptoms to arise in other areas;
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You have pre-existing conditions, especially those associated with/around the same body part as your current injury;
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You begin to question the manner in which your claim is being handled;
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You are concerned that you are, or will be, pushed into a settlement of your claim without considerations for all possible issues that affect the benefits you will be provided;
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You have experienced retaliation and/or job loss due to your injury and/or the filing of your claim
HOW MUCH DOES A WORKERS' COMPENSATION ATTORNEY CHARGE
Workers' Compensation attorneys are compensated on a contingency basis. This means there are no retainers, no upfront fees, no hourly charges for Workers' Compensation cases, and no payments of any kind that an injured worker will need to make directly to an attorney. Attorney's fees are deducted from the Workers' Compensation award of indemnity benefits, and/or the lump settlement at the appropriate time (generally once the claim has been settled). Typically, the attorney's fees are 15% of the awarded indemnity benefits and/or lump sum settlement.
WHAT TO
EXPECT WHEN
WORKING WITH
HARO LAW, INC.
Experience & Knowledge | Personalized Service | Open & Honest Communication
Our attorney, Oscar Haro, has over 11 years of Workers' Compensation litigation experience. Mr. Haro is an experienced and trustworthy Workers' Compensation attorney who is committed to protecting the rights of his clients and achieving fair and just outcomes.
At Haro Law, Inc., our mission is clear: to stand by our clients and advocate tirelessly on their behalf. We pride ourselves in offering experienced, professional, and personalized legal services and advice to all of our clients. We will handle all pertinent discovery and legal proceedings while also ensuring that you understand the intricacies of your case. We will work closely with you to understand your situation, answer your questions, provide you with insight and analysis, and guide you through every step of the process.