California
Workers Compensation Lawyers

If your employer disputes your workers compensation claim, don’t panic. Insurance companies often challenge California workers compensation claims initially. However, you have the right to appeal through the Workers Compensation Appeals Board. During this process, you’ll need to gather additional medical evidence, witness statements, and expert testimony to support your workers compensation case. Braff Law’s expert workers compensation lawyers can represent you at hearings, handle complex paperwork, and negotiate with insurance adjusters to prove your claim’s validity.

You should especially consider hiring a workers compensation lawyer if your claim involves serious injuries, disputed medical treatment, denied benefits, or complex legal issues. A workers compensation lawyer becomes particularly crucial when facing permanent disability, requiring surgery, or dealing with pre-existing conditions. Legal representation significantly increases your chances of receiving maximum workers compensation benefits and protecting your rights throughout the claims process.

No. California law strictly prohibits employers from retaliating against employees for filing workers compensation claims. This includes termination, demotion, reduction in hours, or any adverse employment action. If you experience any retaliation, you may have grounds for additional legal action beyond your workers compensation claim. Document all interactions with your employer (and any changes in your work situation) after filing your workers compensation claim.

In California, workers compensation covers all reasonable and necessary medical treatment related to your workplace injury. This includes emergency care, hospital stays, surgeries, prescription medications, physical therapy, mental health services, and medical equipment. You’re also entitled to reimbursement for travel expenses to medical appointments. Treatment must be authorized by your workers compensation claims administrator and follow approved medical guidelines. Unsure of the details? Speak with Braff Law’s expert workers compensation lawyers today.

In California, the duration of workers compensation benefits depends on your injury type and recovery progress. Temporary disability workers compensation benefits typically last up to 104 weeks within five years from injury. Permanent disability workers compensation payments may continue longer, based on your disability rating. Medical treatment workers compensation benefits continue as long as necessary for your work-related condition. Some severe injuries qualify for lifetime medical care coverage.

California workers compensation benefit calculations depend on several factors including your average weekly wage, injury severity and disability rating. Temporary disability pays two-thirds of your gross weekly wages, subject to California state maximums. Permanent disability payments are determined by your impairment rating, age, occupation, and diminished future earning capacity. Additional workers compensation benefits may include medical treatment costs, vocational rehabilitation, and mileage reimbursement for medical appointments.

If you cannot return to your former position, you may be eligible for supplemental job displacement workers compensation benefits. This includes vouchers worth up to $6,000 for retraining or skill enhancement at California state-approved schools. Additionally, you might qualify for permanent disability workers compensation benefits and vocational rehabilitation services to help transition to new employment, compatible with your medical restrictions. Braff Law’s meticulous workers compensation lawyers can help you with all the ins and outs to ensure you’re covered.

Yes. In California, you can pre-designate your personal physician before any injury occurs by notifying your employer in writing. Otherwise, you must use the employer’s medical provider network (MPN) for the first 30 days. After this period, you may switch to your preferred doctor. The chosen physician must agree to accept workers compensation insurance and maintain detailed records of your treatment progress and work restrictions. At Braff Law, our knowledgeable workers compensation lawyers can guide you throughout this process successfully.

If your employer illegally operates without workers compensation insurance, you can still file a claim with the Uninsured Employers Benefits Trust Fund (UEBTF). You may also file a civil lawsuit against your employer and potentially receive higher compensation than through standard California workers compensation. Additionally, your employer could face substantial fines and criminal charges for failing to maintain required workers compensation insurance coverage.

If your condition deteriorates after settling your California workers compensation case, you may have options depending on your settlement type. For workers compensation cases settled with future medical rights, you can continue receiving treatment. However, if you accepted a Compromise and Release settlement, you typically cannot reopen a workers compensation case in California. This highlights the importance of considering future medical needs before accepting any workers compensation settlement offer.

Yes. Mental health conditions like anxiety, depression, or PTSD are covered if they arise from work-related stress, trauma, or physical injuries. However, these workers compensation claims require substantial evidence linking the condition to workplace factors. You must prove that actual work events, not just general workplace stress, were the predominant cause of your psychological condition. For such a complex task, your best bet is to hire Braff Law’s shrewd California workers compensation lawyers.

Working another job while receiving workers compensation benefits can (and is likely to) complicate your California workers compensation claim. You must report any employment to your workers compensation claims administrator. If you can perform different work within your medical restrictions, it may affect your temporary disability workers compensation payments. However, working against medical advice could jeopardize your benefits and harm your recovery.

Moving out of state doesn’t terminate your California workers compensation benefits. You still retain your rights to medical treatment and workers compensation disability payments. However, you may need to travel back to California for medical evaluations or workers compensation case hearings. Some medical treatment can be arranged with out-of-state providers if approved by your claims administrator. Contact our expert workers compensation lawyers with any questions you have about moving your location.

California workers compensation benefits can affect Social Security Disability Insurance (SSDI) payments. The combined total of workers compensation and SSDI cannot exceed 80% of your average current earnings. If it does, your SSDI benefits will be reduced. This “offset” rule makes it crucial to structure workers compensation settlements carefully to minimize impact on SSDI benefits.

A Qualified Medical Evaluator (QME) is a California state-certified physician who conducts medical-legal evaluations in workers compensation cases. QMEs resolve disputes about medical issues, determine permanent disability ratings, and assess work restrictions. Their opinions carry significant weight in claim decisions and settlements, making their evaluation a crucial part of many California workers compensation cases.

Braff Law’s successful workers compensation lawyers are pleased to point out that if your employer cannot offer modified work meeting your permanent work restrictions, you may qualify for a Supplemental Job Displacement Benefit voucher worth up to $6,000. This voucher covers educational retraining, skill enhancement, or computer equipment at approved schools. It helps injured workers transition to new employment when they cannot return to their previous job.