Workers’ Compensation FAQ

WHAT SHOULD I DO IF I’M INJURED AT WORK?

If you’re injured on the job, immediately report your injury to your employer or supervisor. Acting quickly ensures that you avoid delays in receiving the benefits and medical care you need. Emergency medical attention should be your first priority, and you should document the injury as soon as possible by seeing an approved healthcare provider through your employer. In California, you generally have 30 days to report your injury to qualify for workers’ compensation benefits. Don’t wait—time is critical in protecting your rights.

HOW LONG DO WORKERS’ COMPENSATION CLAIMS TAKE? WHAT WILL IT COST ME?

The timeline and cost of workers’ compensation claims vary depending on the severity of the injury and the complexity of your medical treatment. While you won’t pay out-of-pocket for legal representation, fees are deducted from your settlement and must be approved by the Workers’ Compensation Appeals Board. Severe injuries often lead to longer cases, but with The Cohen Law, we prioritize efficiency while fighting for the maximum compensation you deserve.

HOW LONG DO I HAVE TO REPORT MY INJURY?

In California, you must report your work injury to your employer within 30 days and file a DWC-1 claim form within the same period. If your injury developed over time, such as through repetitive stress, the clock starts when you experience a temporary disability or recognize that the condition is work-related. Missing this deadline could jeopardize your claim, so it’s important to act swiftly.

WHAT HAPPENS IF I MISS THE DEADLINE?

Failure to report your injury on time may disqualify you from receiving benefits, except in rare cases where your employer was already aware of your condition. If you’re unsure about your rights, consulting a skilled workers’ compensation attorney at The Cohen Law can help you explore alternative options.

WHAT BENEFITS CAN I RECEIVE?

California workers’ compensation covers:

  • Medical care for injury-related treatment.
  • Temporary disability benefits if you miss work.
  • Permanent disability benefits if your injury results in lasting limitations.
  • Supplemental job displacement benefits for retraining if you can’t return to your previous job.
  • Death benefits for the families of workers who lose their lives due to work-related injuries.

HOW MUCH WILL I BE PAID WHILE ON WORKERS’ COMP?

Temporary disability benefits generally pay two-thirds of your average weekly earnings before the injury. However, your employer may offer additional wage replacement programs to cover the gap. At The Cohen Law, we ensure you receive every benefit you’re entitled to while holding your employer accountable

WHEN WILL I RECEIVE WORKERS’ COMP PAYMENTS?

Workers’ compensation checks are typically issued every two weeks, but expect a delay of about three weeks before your first payment. You must miss at least one week of work to qualify for wage replacement benefits.

WILL MY BENEFITS BE PAID IN A LUMP-SUM SETTLEMENT?

Not all cases end in settlements, but if yours does, you may choose between a lump-sum payout or a structured settlement with periodic payments. Each option has pros and cons, so consulting with The Cohen Law ensures you make the best financial decision for your future.

ARE WORKERS’ COMP BENEFITS TAXED?

Typically, workers’ compensation benefits are not taxable. However, if you’re working light duty and earning wages alongside your benefits, your income could affect your tax situation. Our attorneys can help clarify your specific circumstances.

CAN I RECEIVE ASSISTANCE FINDING A NEW JOB?

If your employer cannot provide light-duty work, you may qualify for vocational retraining benefits. These benefits are designed to help you secure a new job or even start a new career. The Cohen Law can assist in ensuring you receive these benefits if applicable.

CAN I CHOOSE MY OWN DOCTOR?

In California, you can see your personal primary care physician if you’ve predesignated them before your injury. Otherwise, you may be required to see a doctor in your employer’s healthcare network. The Cohen Law will ensure you receive proper medical care without employer interference.

DO I PAY OUT-OF-POCKET FOR MEDICAL CARE?

No. Workers’ compensation covers all approved medical expenses, including doctor visits, prescriptions, and even travel expenses to and from appointments.

WHAT IF MY EMPLOYER TRIES TO STOP MY CLAIM?

Your employer cannot legally interfere with your workers’ comp claim. They may challenge the claim within their rights, but they must adhere to California law. If you encounter any resistance or retaliation, The Cohen Law will step in to protect your rights.

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