San Diego Workers’ Compensation Law Firm
Exclusive focus, personalized service, and genuine compassion are what you can expect when you come to Kiwan & Chambers APC. Founded in 1988, we only handle cases involving injured workers. Our workers’ compensation law firm has dedicated ourselves to mastering the nuances of this process, so we can effectively get you the benefits you need to recover and move on with your life.
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
There are a lot of ways to get injured within the scope of your employment, and some are more evident than others. Here are just a few of the injuries we help our clients with:
Back Injuries
Back injuries can severely impact your ability to perform daily tasks and maintain your livelihood. These injuries often result from heavy lifting, repetitive motions, or sudden impacts, leading to chronic pain and mobility issues.
Carpal Tunnel Injuries
Carpal tunnel injuries, commonly resulting from repetitive wrist movements, cause significant pain and discomfort, affecting your productivity and quality of life. These conditions are prevalent in jobs requiring extensive typing or tool handling.
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
Unfortunately, the workers’ compensation process is complicated and often filled with frustrating obstacles. Foremost among them is the denial of a claim.
The most common reasons for denial include disputes over any of the following:
- The severity of your injuries
- Whether they were caused by your employment
- Missed deadlines in filing the claim
We know the best ways to respond to denials. One option is to seek an independent medical review, which can be pivotal in getting an unbiased assessment of your condition.
Adhering to medical advice is crucial, not only for your recovery, but also for maintaining the validity of your workers' compensation claim. Ignoring medical recommendations can lead to complications or worsen your condition, potentially jeopardizing your claim. Comprehensive documentation of your medical journey aids in substantiating your case.
Workers' compensation benefits can include coverage for all necessary medical treatments, temporary disability payments to account for lost wages during recovery, and permanent disability benefits if you cannot return to work. Supplemental job displacement benefits offer support for vocational training if a career shift becomes necessary due to the injury.
There are several important forms involved, including:
- The pre-designation form allows you to choose a preferred doctor in advance
- The DCW-1 form initiates the claims process.
- An intake questionnaire provides your attorney with essential details to support your case effectively.
Managing these forms accurately and promptly is very important to avoid delays or complications in the claims process. Our workers’ compensation law firm has long experience handling these forms, and the team in our San Diego office will work carefully to be sure that each step is handled smoothly and that you get the best chance for a successful outcome.
Call (619) 257-5304 today. We work with both English and Spanish-speaking clients.
