San Diego Workers’ Compensation Lawyer

If you were injured on the job, you probably have many questions about how you will pay your bills if you miss work and how much medical care will cost you. The first thing you should do is notify your supervisor and seek immediate medical attention. Failure to timely notify your supervisor of your injury could result in your losing the right to these benefits.

Then, call a San Diego workers’ compensation lawyer. Our knowledgeable attorneys could answer any questions you have and represent you as you seek the benefits to which you are entitled.

Understanding Workers’ Compensation Claims

According to California Labor Code §3700, all employers must carry workers’ compensation insurance and provide benefits to employees, including those working part-time. California has criminalized the failure to obtain and provide these benefits.  However, even if your employer does not have workers compensation insurance, you can get benefits through the Uninsured Employers Benefit Trust Fund.

Benefits are provided to employees injured on the job from both single events, such as falls and burns, and injuries that build over time, for instance, repetitive typing that causes carpal tunnel syndrome. Some stress-related injuries are also covered. However, in some cases, employees who have been informed they are being terminated may not be able to claim benefits if they report an injury after the notice. Direct specific questions to a local workers’ compensation lawyer familiar with the California Workers Compensation Laws.


California workers’ compensation benefits are meant to help employees through a job-related injury that can be short-term, permanent, or even deadly. These benefits include:

  • Treatment of the work-related injury, paid for by employers, including hospital and doctor visits, medicines, tests, and reimbursement for travel related to treatment
  • Employees unable to work while recuperating may be eligible for temporary disability payments for lost wages
  • Permanent disability payment may be available if injuries are permanent, and a physician can attest to permanence
  • Employees eligible for permanent disability benefits who do not go back to work for their former employers and who are not offered jobs by former employers may be eligible for supplemental job displacement voucher that helps pay for retraining
  • The return-to-work supplement program may make a lump sum payment to employees who receive a supplemental job displacement benefit
  • Death benefits paid to spouses or other dependents of employees who die from a work-related illness or injury

Navigating any government program can be tricky, and in many cases injured employees should not try to do it alone. A San Diego lawyer could help injured employees get the maximum benefits available to them and fight in court if a claim is turned down.

What if a Workers’ Comp Claim is Denied?

Employees’ information regarding worker’s compensation claims is handled by claims administrators who can deny claims they do not believe are covered by workers’ compensation. With a denial, the employee can be evaluated by a qualified medical evaluator, a physician held to a high standard under workers’ compensation guidelines.

San Diego employees disputing a claim must file an Application for Adjudication of Claim at the Division of Workers’ Compensation San Diego office or the office in the county where they live or work. To schedule a hearing before the judge, the employee must file a Declaration of Readiness to Proceed, which is a request for a court hearing.

Hearing and Trial

Before a case can go to trial, a mandatory settlement conference will be scheduled in which the employee’s attorney, the judge, and the claims administrator will try to resolve the dispute. The judge will schedule a trial if the dispute cannot be settled at the hearing. A second judge will conduct the trial and issue an opinion within 90 days.

Seek Guidance from a San Diego Workers’ Compensation Attorney

If you were injured on the job, you want the security of knowing there are benefits available to you so you can recover in peace with the money you need. We are here to advocate for you during the benefits process and even if you are denied benefits.

Timing is critical when it comes to your next move after being injured on the job. Call our office today and speak with a San Diego workers’ compensation lawyer to learn how we could help.