San Diego Workers’ Compensation Attorney

A San Diego work injury attorney for every kind of job

San Diego runs on people who work hard: construction crews, hotel and restaurant staff, nurses and caregivers, warehouse workers and delivery drivers, farmworkers, retail staff and city and county employees. California workers’ compensation covers them from their first day on the job, whether they work full-time, part-time or seasonally, and regardless of immigration status.

A work injury doesn’t have to be dramatic to count. A back injury from lifting, carpal tunnel from repetitive tasks, hearing loss, and conditions that build up over years can all qualify. So can a crash while driving for your employer. If your job caused or worsened the injury, you may have a claim even with a pre-existing condition.

Were you told you’re an independent contractor? Don’t assume you aren’t covered. Under California’s ABC test, many workers labeled as contractors are employees under the law.

Workers’ compensation in San Diego: the benefits you may be owed

California workers’ comp is a no-fault system. You don’t have to prove your employer did anything wrong, only that your injury is related to your work. Benefits can include:

• Medical care for your work injury, at no cost to you
• Temporary disability payments, usually two-thirds of your average weekly pay, while you can’t work
• Permanent disability payments if the injury leaves lasting limitations
• A job displacement voucher for retraining if you can’t return to your old job
• Death benefits for the families of workers killed on the job

When to call a workers’ comp lawyer

Many claims go smoothly. Call a lawyer if any of these happen:

• Your claim was denied or delayed
• Treatment your doctor recommended was denied
• Your disability checks stopped, arrived late or seem too low
• You were offered a settlement and aren’t sure it’s fair
• You were fired, demoted or threatened after reporting an injury

Deadlines matter. Report your injury to your employer within 30 days, and get advice well before the one-year deadline to file with the Workers’ Compensation Appeals Board (WCAB). Most San Diego County cases are heard at the WCAB’s San Diego district office.

How to choose the best workers’ comp lawyer in San Diego

The right lawyer depends on your case, but a few things set a strong choice apart:

• Focus: workers’ comp has its own courts, forms and rules. Choose a lawyer who handles it every day, not now and then.
• Local experience: a lawyer who regularly appears at the San Diego WCAB knows its procedures and the insurers’ defense attorneys.
• Clear fees: in California, a judge must approve a workers’ comp attorney’s fee, and it comes out of your award. You shouldn’t pay anything up front.
• Communication: you should know who is handling your case and get straight answers when you call.
• Your language: if you’re more comfortable in Spanish, work with a team that speaks it.
• Reviews: read what injured workers say about a firm on Google and other review sites.

Ask any lawyer you’re considering how many workers’ comp cases they handle and who will work on yours. We’re glad to answer those questions in a free case evaluation.