Workers’ Compensation FAQs

No matter where you turn, it seems like almost everyone is willing to offer his or her 2 cents about your workers compensation claim ― including your boss who wants you back at work, the doctor who is treating your injuries, the insurance adjuster who wants to close your case and even your friends and family.

However, you need to be cautious of trusting anyone when it comes to your workers comp benefits, especially if they are not familiar with the law. In fact, if you have questions about a workers compensation claim, it is always best to speak with an experienced legal professional ― like those at the Law Offices of Kropach & Kropach. Our attorneys can answer any question you may have about workers compensation in California, including common concerns such as:

The first thing you should do is notify your supervisor of your injury, both verbally and in writing. This is extremely important, especially since you may lose your rights to workers comp benefits if you fail to report your injury in a timely manner.

Yes, the attorneys at the Law Offices of Kropach & Kropach can explain what legal options still exist following a denial, including a possible appeal. In fact, we can present your case to the Workers Compensation Appeals Board (WCAB).

At the Law Offices of Kropach & Kropach, we take workers comp cases on a contingency — meaning you do not pay any lawyer fees until we get you benefits or a recovery. In fact, the amount we can collect is usually 15 percent of your award, so there is no risk to you.

Unfortunately, no. Typically, workers comp disability payments are limited to two-thirds of your pretax wages, but the amount is tax free. Also, there is a maximum weekly amount that you may be able to collect, which can change from year to year.

Until your doctor says you have improved as much as possible — otherwise known as a maximum medical improvement — you are still eligible for temporary disability benefits and therefore do not have to return to work. However, it should be noted that you might have to return if your boss offers you different work that fits within your medical restrictions. In any case, you should have a discussion with your doctor about this.

No, he or she cannot fire you. In fact, it is against the law for an employer to fire, threaten to fire or otherwise discriminate against you for simply filing a workers comp claim or collecting benefits. If you are the victim of such retaliatory acts, contact us and we can help.

Generally, no. However, if you have to pay a health insurance premium, you may be able to add it to your average weekly wage, which may, in turn, increase the amount of benefits to which you are entitled.

If you have concerns about these or any other questions, contact the experienced workers compensation attorneys at the Law Offices of Kropach & Kropach. We will provide you with the answers you need and deserve. For more information or to arrange a FREE consultation, call our Encino office at 818-609-7005 or contact us online.

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