It is extremely important for you to immediately report any work injury or illness to your employer. Report it to your direct supervisor or another person in management, not to a mere co-worker.

If necessary when injured, call 911 or go to an emergency room. Be sure to tell the person treating you that the injury was work related and describe every symptom, no matter how minor.

If your employer does not have knowledge of your injury within 30 days of the injury, you could lose your right to receive workers’ compensation benefits. Also, immediate reporting avoids delays in you receiving benefits which could include medical treatment and temporary disability benefits if you cannot work.

If you have pain and you believe it could be caused from your work duties, report that to your supervisor/employer as soon as you have that belief.

Yes. You have the same rights to workers’ compensation benefits as any other worker . Immigration status is not an issue in collecting benefits for a work injury.

Yes. Types of injuries could include:

1. A specific injury as a result of one specific incident. Example is injury from a fall, slip and fall, something falling on or striking you, a motor vehicle accident on the job, chemical burn/cut/laceration, dog bite.

2. Repetitive Motion/Cumulative Trauma Injury. This occurs from doing work duties which cause you pain over time, often occurring from performing similar work activities over and over, repetitive movements, working long hours, performing heavy/strenuous duties, or experiencing hearing loss from a loud noise environment. Physical repetitive activities could include lifting, bending, stooping, pulling/pushing, pinching/grasping/reaching/swinging, kneeling, walking/running, sitting/standing.

3. Crimes. Examples would be an assault/physical attack, robbery.

4. Stress/emotional injury. If you experience depression, anxiety post-traumatic stress, or other psychiatric conditions from your job either occurring over a period of time, or as a result of one incident, you could recover benefits for a stress claim.

5. "Me Too" injury. If you have been sexually harassed on the job and have experienced stress, lack of sleep, stomach aches, headaches, or other symptoms, you may have a stress/emotional injury that could be compensable.

6. Internal; hypertension; fibromyalgia; rheumatoid arthritis; degenerative disease; pulmonary; hearing loss; vision loss, carpal tunnel syndrome; tendinitis, sleep dysfunction – often times from pain; neurological; toxic exposure.

7. Aggravation of a non-industrial condition. Example. If you experienced back pain due to arthritis or an injury that occurred before you started work with your employer, but your work duties made your symptoms worse, you would be entitled to compensation for a percentage of the impairment/disability assigned by a doctor.

Typical body parts with physical injury include: Back, neck, shoulders, arms, elbows, wrists, fingers, hips, legs, knees, and ankles.

Yes, with some limited exceptions. The California Workers’ Compensation System is a no fault system allowing for benefits regardless of negligence by the employee. Limitations could include involvement with intoxication, self-infliction, non-work related altercations between employees, felonious acts, horseplay. Let us interpret for you whether your injury is compensable.

Under California Law, your employer must give you an employee claim form (DWC-1 Form) within one working day after becoming aware of your injury/illness. You will need to complete/date/sign it. Ask them for a copy to keep yourself. Be sure to include under the description every symptom related to the work injury/illness, no matter how minor. They should file the claim with the workers’ compensation claims administrator and send you for treatment. Tell all medical providers every symptom you have from the work injury/illness, no matter how minor.

Your employer is obligated to pay and must authorize treatment within one working day of receiving the claim form (DWC-1 form).

*Medical Care (mileage reimbursement/transportation to/from appointments; medication)

*Temporary Disability Benefits

*Permanent Disability Benefits

*Supplemental Job Displacement Benefits

*Death Benefits. Payments to spouse/children/other dependents

Yes. We will dispute the denial and fight to get you benefits. While that is in the works, you may file a claim with the Employment Development Department (EDD) to get state disability benefits (SDI) while you are unable to work. The claims administrator has up to 90 days from the date the claim form is filed to either accept or deny your claim. If they do neither, the claim is presumed compensable/payable.

Yes. Always seek legal advice. The Workers’ Compensation System can be very complicated and difficult to understand and navigate. Even if a claim is accepted, we will need to make sure your rights and benefits are protected. Do not rely on the insurance companies to provide you with the maximum benefits.

There are time frames for filing. Do not delay. Contact us immediately so that we can protect your rights and fight to get you what you are entitled to.

NO! You pay nothing directly out of your own pocket to file a claim or be represented by us as your attorney. We do not get paid unless and until we get you recovery. We then only get a fee out of proceeds paid at the end of the case by the insurance company. You never have to directly dip into your own pocket for any attorney fees. In the meantime, we do the legal work, fighting to get you treatment and benefits at no cost to you. From the proceeds at the end of a case, attorney fees are usually only 15%.

It is illegal for your employer to punish you, fire you, cut your hours, or any other unfair discriminatory act against you for any of the following:

• Filing a workers’ compensation claim;

• Having an intent to file a claim;

• Settling a workers’ compensation claim;

• Testify or intent to testify for another injured worker.

If your employer discriminates against you for these acts, they could be ordered to return you to your job. They could also be responsible for lost wages, increased benefits to you, and other expenses under the law.

It is also illegal for future employers to inquire about work injuries/claims you have had in the past.

You get treatment, collect the benefits you are entitled to, work on your recovery and getting better. We work on the legal matters for you. The defense may schedule your deposition. If they do, we will be there with you to represent you. The deposition is simply a session where you answer questions relating to your injury. We guide you every step of the way.

Most cases settle. Very rarely does a case require a trial. If that were to occur, you would simply appear with us and again answer questions about your case. It is a fairly informal proceeding which takes place in order to allow an administrative law judge the opportunity to learn about your case so that a decision could be made.

There are two ways in which a case can settle:

1. Stipulated award. A stipulation/agreement entered where you are paid out an agreed value of your permanent disability as determined by doctors, made in payments to you until the full amount of the value has been paid out. In this case, you are entitled to lifetime future medical treatment.

2. Compromise and Release. An agreement where you receive one lump sum settlement amount upfront for the value of your permanent disability, a premium for the value of your future medical treatment, and value of any other benefits your would have been entitled to if your case had stayed open under a stipulated award. In this case, you are responsible for the cost of future medical treatment following settlement of your case, based on having received an agreed upon amount within the compromise and release settlement.

The value of your permanent disability is calculated based on a number of factors, to greatly include the extent of your injury. If it is not possible to reach a settlement, the case goes before a judge at a trial for a decision.

If you have a job that requires you to perform the same or similar movements over and over, have a heavy job, or a strenuous job and have pain to any body parts involved in the movements you make on the job, you could have a work injury, which is known as a repetitive motion or cumulative trauma injury. In that case, let your employer know immediately. Let the medical providers evaluate you and let us represent you in an effort to get you benefits.

Spanish is spoken in our office by Angelica M. Valdez, a paralegal, who is not a member of the State Bar of California as a licensed attorney.