San Diego Workers’ Compensation Law Firm
Workers’ Comp Attorneys Focused Solely on Injured Workers Since 1988
At Kiwan & Chambers APC, workers’ compensation is all we do. Attorney John G. Kiwan founded the firm in 1988, and Attorney Christian Chambers joined in 2014. In the decades since, we’ve built our entire institutional knowledge around one area of law: California’s workers’ comp system, including its procedures, deadlines, forms, and appeals process. That singular focus matters when you’re up against an insurance company with its own legal team. We serve injured workers throughout San Diego and the broader Southern California area on a contingency fee basis. There is no cost to you unless we recover benefits on your behalf. Free consultations are available and can be conducted virtually.
Call our San Diego office today at (619) 257-5304 or contact us online for a free consultation. We work on contingency and can meet virtually for your convenience.
Serving the Southern California Area
Workplace injuries take many forms. Some are immediate and obvious, while others develop gradually or require careful legal work to connect to your employment. Here are a few of the injury types we handle:
Back Injuries
Back injuries can severely limit your ability to perform daily tasks and maintain your livelihood. They often result from heavy lifting, repetitive motion, or sudden impact, and insurers frequently dispute them as pre-existing conditions. Careful documentation of the employment connection is essential to building a strong claim.
Carpal Tunnel Injuries
Carpal tunnel injuries are common in jobs requiring extensive typing or tool handling, and insurers often challenge them as unrelated to work. Establishing the employment connection is where diligent legal preparation makes a real difference.
Frequently Asked Workers Compensation Questions
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If I was traveling for work when injured, am I still eligible for workers’ compensation benefits?
Yes, if you were injured while traveling for work-related purposes in California, you may be eligible for workers’ compensation benefits. However, eligibility depends on factors like the nature of your job duties and the circumstances of the injury. Consulting with our workers’ compensation attorneys can help determine your specific eligibility and navigate the claims process.
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Can my employer fire me after an accident in California?
In San Diego, employers are prohibited from firing or retaliating against employees solely for filing a workers’ compensation claim or suffering a work injury. This protection is provided under California Labor Code Section 132a, which prohibits discrimination or retaliation against employees who seek workers’ compensation benefits.
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How long does it take to settle a workers’ compensation case?
The duration of settling a workers’ compensation case in California varies based on several factors. Typically, claims administrators have 90 days to investigate a claim after receiving the claim form. However, certain immediate actions must occur, such as authorizing medical treatment within one working day and initiating disability payments within 14 days of injury knowledge. Delays may arise, especially if a Qualified Medical Evaluator (QME) Panel or deposition are necessary, which can take 60 to 90 days and up to 120 days, respectively.
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Who is eligible for workers’ compensation in California?
Under California law, most San Diego employees are eligible for workers’ compensation benefits. This includes new hires, full-time, part-time, temporary and seasonal workers – although independent contractors are not. Eligibility is not dependent on who was at fault for the injury, as workers’ compensation is a no-fault system.
Challenges in Workers’ Compensation Cases
The workers’ compensation process is rarely straightforward. One of the most common obstacles injured workers face is the denial of a claim.
Why Claims Get Denied
Most denials come down to disputes over one of the following:
- The severity of your injuries
- Whether they arose from your employment
- Missed deadlines in filing the claim
We know how to respond to denials effectively. One option is pursuing an independent medical review (IMR). This is a formal California process that allows an injured worker to challenge a utilization review denial and seek an assessment from an independent physician.
Protecting Your Claim During Recovery
Following your doctor’s advice matters for two reasons: it supports your recovery, and it protects the validity of your claim. Gaps in treatment or ignored medical recommendations can give insurers grounds to dispute benefits. Thorough documentation of your medical care strengthens every step of the case.
Benefits Available Under California Law
Workers’ compensation benefits can include coverage for necessary medical treatment, temporary disability payments to replace lost wages during recovery, and permanent disability benefits if your injury causes lasting impairment. If you can’t return to your previous work, supplemental job displacement benefits may cover vocational training for a career transition.
Key Forms in the Claims Process
Several important forms shape the California workers’ compensation process:
- The pre-designation form lets you choose a preferred doctor before an injury occurs
- The DWC-1 form is the official California claim form you file with your employer to initiate the process
- An intake questionnaire gives your attorney the case details needed to build your claim effectively
Handling these forms accurately and on time can affect whether your claim moves forward cleanly or gets delayed. Our San Diego workers’ compensation attorneys have managed this process since 1988, and we work carefully to make sure each step is completed correctly.
Call (619) 257-5304 today. We work with both English and Spanish-speaking clients.
