FAQs and Answers About Workers' Compensation in California

Most employers are required to provide employees in San Jose with workers' compensation coverage for work-related injuries and illnesses. Workers' compensation covers the full cost of necessary medical care and a portion of the employee's lost wages. However, it's often difficult to navigate the paperwork and deal with issues like denied claims. For the most accurate answers to your legal questions, you can consult a workers' compensation attorney.

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Can an injury be covered if it happens away from the worksite?

Yes, as long as an injury or illness was directly caused by conditions pertaining to the job, it can be covered. For instance, an employee driving a company truck might sustain injuries in an accident. Those injuries should be covered by workers' comp, even though they occurred away from the worksite.

To whom should I report an injury?

Workplace injuries and illnesses should be reported to the employer right away. If you do not report the injury within 30 days, you may forfeit your right to workers' comp benefits. When you receive a medical evaluation, inform the healthcare provider that your injuries or illnesses were caused by your job.

What forms do I need to fill out?

Your employer should give you the workers' comp claim form, DWC 1. Your claim is officially opened when you submit the completed form to your employer. If your employer hasn't given you this form, you can download it from the website of California's Division of Workers' Compensation (DWC). This form requests basic information about the accident and your injury, such as the type of injury you sustained and the body part it affects.

How can a lawyer assist me?

It isn't unheard of for workers' compensation claims to be undermined by questionable practices of the employer, insurance representative, or workers' comp doctor. A workers' compensation attorney can help you secure the maximum benefits for your injury. Your lawyer will thoroughly investigate your case and represent your best interests.

What can I do if my claim is denied?

Your lawyer can appeal a denied workers' comp claim. He or she will request a hearing on your behalf before the California Workers' Compensation Appeals Board. Arranging for legal representation for this hearing can substantially improve your chances of a favorable outcome.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Scher, Bassett & Hames Workers Compensation, Personal Injusy, and Accident Attorney in Sunnyvale, CA

We Are Located At:


298 Sunnyvale Avenue, Suite 209, Sunnyvale, CA 94086
Phone: (408) 739-5300
Website: http://www.scherandbassett.com

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