In California, Work Injuries are reported by via a Workers’ Compensation Claim Form. This Claim Form is also called a “DWC-1” form. This is a State of California Form which can be obtained either the State of California Department of Industrial Relations Website, www.dir.ca.gov, or at your local Workers’ Compensation Appeals Board. You can submit… Continue reading How Do I Report a California Work Injury? Why is it Important?
Author: Edward Singer
What is Workers’ Compensation?
In California, the workers’ compensation system was created to pay for the medical treatment of work-related injuries or illnesses and provide temporary payment for lost wages and permanent disability percentage payments that compensate for an injured employee’s decreased ability to compete in the open labor market.
Free Consultations for Workers’ Compensation Cases: Why are they provided? Why should you take advantage
As an Applicant’s Attorney in Workers’ Compensation, our offices offer “free” consultations to prospective clients. One reason that consultations are “free” is that workers’ compensation attorneys do not charge their clients on an hourly basis. Instead, they are paid on a contingency fee basis. A contingency fee agreement means that the attorney is compensated based… Continue reading Free Consultations for Workers’ Compensation Cases: Why are they provided? Why should you take advantage
Social Media and Workers’ Compensation. What every Injured Worker needs to know.
While Social Media can be a great vehicle for entertainment and promotion, it is a disaster for Injured Workers pursuing their Workers’ Compensation cases. There are countless articles written in Insurance Industry publications promoting the fact that investigating injured workers within Social Media is a powerful tool to fight workers’ compensation fraud. Besides obtaining criminal… Continue reading Social Media and Workers’ Compensation. What every Injured Worker needs to know.
132a Claim: Does Workers’ Compensation Law protect me from Employer discrimination or termination for filing a claim?
Anyone dealing with the possibility of a workers comp dispute in California should know about 132a claims. What is a 132a claim? It is the section of California Labor Law that protects injured workers and witnesses of Workers’ Compensation claims from discrimination and termination. California Labor Code Section 132a provides that “[i]t is the declared… Continue reading 132a Claim: Does Workers’ Compensation Law protect me from Employer discrimination or termination for filing a claim?
I Have a Workers’ Compensation Hearing: What Should I Do? What Should I Expect?
Please be advised that I am writing this article based upon my background and experience as an applicant attorney who has attended a multitude of local Appeals Boards from San Francisco to San Diego. Each local Appeals Board is unique. If you are represented by counsel, please contact them for advice. My comments are informational… Continue reading I Have a Workers’ Compensation Hearing: What Should I Do? What Should I Expect?
What Industries Are Most Susceptible to Worker’s Compensation Claims?
In handling workers’ compensation cases, there tends to be patterns in finding that certain industries and professions tend to have more work injuries than others. Here is a brief overview of dangerous industries, how they compare to the national average, and who to contact to file a claim if need arises. Professions with the Most… Continue reading What Industries Are Most Susceptible to Worker’s Compensation Claims?
Calculating Workmans Compensation in California
How you can calculate workers’ compensation wages begins with determining your current wage. The basis for calculating Workers’ Compensation benefits in California begins with a calculation of Average Weekly Wage (AWW.) As a general rule, Average Weekly Wage is two-thirds of the gross (pre-tax) wages at the time of injury. This is the basis for… Continue reading Calculating Workmans Compensation in California
Am I an Independent Contractor or an Employee? Why is it important? How do I know?
To be eligible to receive Workers’ Compensation benefits, you must be viewed or designated by law to be considered as an Employee. If you are found to be an Independent Contractor, you will not be entitled to receive Workers’ Compensation benefits. However, just because your employer calls you an Independent Contractor, it that does not… Continue reading Am I an Independent Contractor or an Employee? Why is it important? How do I know?
What Should I Do When My Claim is Denied?
The first thing to do is to immediately seek legal advice. You should speak to an attorney or the Information and Assistance Officer at your local Workers’ Compensation Appeals Board right away. There are strict deadlines as to when you need to object and file documents. After you have made such arrangements, you should do… Continue reading What Should I Do When My Claim is Denied?