Workers' Compensation FAQ

Sí. Muchos de nuestros clientes son trabajadores hispanohablantes. Atendemos las consultas iniciales en español, revisamos los documentos del seguro en español y representamos a clientes hispanos en audiencias del WCAB. No necesita hablar inglés perfectamente para defender sus derechos.

Yes. A large share of our clients are Spanish-speaking workers in construction, warehousing, healthcare, landscaping, and the service industry. We take intake calls in Spanish, review insurance paperwork in Spanish, and represent Spanish-speaking clients in WCAB hearings. You don't need to speak perfect English to protect your rights.

You can absolutely file and pursue a claim on your own — and for very simple cases (minor injury, no time off work, no dispute), you may not need an attorney. But the insurance company has experienced adjusters and defense lawyers on its side, and their job is to pay as little as possible.

If your claim has been denied, if you've been off work more than a few days, if surgery is recommended, or if you're being offered a settlement, it's worth at least a free consultation. We'll tell you honestly whether you need a lawyer.

Workers' compensation attorneys work on contingency — we don't get paid unless we recover benefits or a settlement for you. There's no out-of-pocket cost to hire us, no hourly bills, and no fee for the initial consultation.

Attorney fees in workers' comp cases are set and capped by state law, and they're paid from the recovery — not on top of it. We'll explain exactly how the fee works before you sign anything.

No. A denial is the beginning of the appeals process, not the end. Insurance companies deny claims for all kinds of reasons — incomplete paperwork, missed deadlines, disputes about whether the injury is work-related, or simply hoping you'll give up.

Most denials can be challenged through a formal appeal and hearing. The sooner you start, the better, because there are strict deadlines that vary by state.

Workers' compensation typically covers: (1) all reasonable and necessary medical treatment related to the injury, (2) a portion of your lost wages while you can't work, (3) permanent disability benefits if you have lasting impairment, (4) vocational rehabilitation if you can't return to your old job, and (5) death benefits to surviving family members in fatal cases.

What you receive depends on the severity of your injury, your wages before the injury, and your state's laws.

In most states it is illegal for an employer to fire, demote, or retaliate against you for filing a workers' compensation claim. If you've been let go after reporting a work injury, you may have an additional claim for retaliation or wrongful termination.

That said, employment is often "at-will," which means employers can sometimes let workers go for other stated reasons. The timing and circumstances matter — call us if you think you've been retaliated against.

You can still file a workers' comp claim. Repetitive-strain injuries (like carpal tunnel), occupational illnesses (like hearing loss or lung disease), and cumulative trauma (like chronic back issues from years of lifting) are all generally covered.

These cases can be harder to prove because there's no single "accident" — but they're absolutely worth pursuing when the work caused or contributed to the condition.

Talk to a lawyer before you sign. A workers' comp settlement is usually permanent — once you accept, you generally can't come back later for more, even if your condition worsens or you need additional surgery.

A free case review will tell you whether the offer is fair and whether settling now is the right move. Initial offers from the insurance company are almost always lower than what the case is worth.

Deadlines vary by state and by the type of injury, but they're generally short. In most states you have to:

(1) Report the injury to your employer within a few days to a few weeks, and (2) file a formal workers' comp claim within one to three years of the injury (or the discovery of an occupational illness).

Don't wait — even if you're not sure how serious the injury is. It is much easier to protect a claim early than to revive one that's expired.

It depends on your state. Some states let you pick any doctor, some require you to use a doctor from the employer's or insurer's network for an initial period, and some let you switch doctors after a certain point.

This matters a lot, because the doctor's opinion drives much of your claim — including whether you can work, what treatment is approved, and your final impairment rating. We help clients navigate medical-provider rules in their state.

You may have a "third-party" claim in addition to workers' comp. Common examples: a defective machine, a negligent driver who hit you while you were driving for work, or an outside contractor who created the hazard that injured you.

Workers' comp covers a portion of your lost wages and medical bills regardless of fault — a third-party lawsuit can recover full damages including pain and suffering. We coordinate both so the two cases don't undermine each other.

Simple claims with no dispute can resolve in a few months. Cases involving denied claims, surgery, or permanent disability can take a year or longer because they often require medical evaluations, depositions, and a hearing before a workers' comp judge.

We push to move cases as quickly as possible, but we also won't rush a settlement before we know the full extent of your medical needs — settling too early almost always means leaving money on the table.

Anything you have, but don't worry if you don't have everything. Useful items include: the incident report you filed with your employer, any letters from the insurance company, medical records or doctor's notes, your work schedule and pay stubs from before the injury, and a written timeline of what's happened so far.

If you have nothing in writing, that's fine too — bring yourself and we'll start there.