Workers' Compensation Cases

AREAS OF EXPERTISE

The following are GENERAL ANSWERS to basic questions that arise when a person is injured while on the job. This information is NOT to be construed as applying to every case of this kind and is only to be considered as an orientation to these types of cases.

It is critical that questions regarding your particular case be addressed by an attorney who practices in this area of law.

My office does not charge for a personal consultation. Attorney fees are only awarded based on a percentage of the recovery of benefits.

Frequently Asked Questions and the Answer

What should an employee do when they sustain an injury while on the job?
Notify your supervisor/employer as soon as possible and request to seek medical attention within the employer’s medical provider network. Tell the healthcare provider who treats you that your injury or illness is job-related.

What if an employee learns of an injury or illness that has developed gradually?
If you believe the injury or illness was caused by the job, report the injury or illness as soon as possible to your supervisor/employer and request to seek medical attention within the employer’s medical provider network. Tell the healthcare provider who treats you that your injury or illness is job-related.

Does the employee need to fill out a claim form?
Yes, your employer is required to give you a DWC 1 claim form. Upon receiving that form, you will need to fill out and return it to your employer as soon as possible in order for you to begin receiving workers’ compensation benefits.

What benefits are employees entitled to?
Workers’ compensation insurance provides for medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits and death benefits.

Is an independent contractor covered under workers’ compensation?
Generally, no. However, you may not be considered an independent contractor when the person paying you: controls the details or manner of your work; has the right to terminate you; pays you an hourly wage or salary; makes deductions for unemployment or social security; supplies materials or tools; and/or requires you to work specific days or hours, among other factors.

For further information call the Law Office of Sylvia Lopez at (661) 324-5911

NOTICE: Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

Contact Us Today!

Sylvia Lopez, Attorney at Law

315 Truxtun Avenue
Bakersfield, CA 93301

Call us now for a free consultation, you have nothing to lose.

(661) 324-5911

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