In 2020, nearly 2.7 million nonfatal workplace injuries occurred. Workplace injuries occur regularly, ranging from slips and falls to illnesses, overexertion, and muscle strains.
Getting compensated for your expenses after getting hurt on the job should be easy. If you get injured at work, you can file a workers’ compensation claim and have your medical bills and lost wages easily covered. In reality, though, this is often not the case.
A workers’ compensation attorney can help you navigate this complex and confusing process. Read on to learn more about why you should hire an attorney after an injury at work.
Many employees assume they automatically qualify for workers’ compensation benefits. However, eligibility depends on factors like employment classification (full-time, independent contractor, temporary), the nature of your injury (sudden vs cumulative), and whether it occurred within the scope of employment.
Moreover, beyond standard workers’ comp benefits, you may be eligible for a personal injury claim, third-party lawsuit, or even Social Security Disability Insurance (SSDI), depending on your case. A qualified attorney will analyze your employment status, liability factors, and long-term consequences of your injury to pursue every legal pathway available.
Most workers don’t understand the strict filing deadlines, paperwork, and documentation requirements involved in submitting a claim. A late injury report, incomplete forms, or vague medical records could all lead to a denial.
Insurers and employers also use tactics to deny claims by citing:
A workers’ comp attorney ensures full procedural compliance and preempts these defenses by organizing your claim with legally admissible evidence and expert medical documentation.
Without legal guidance, injured workers often miss out on less obvious but highly valuable benefits, especially in a state like California, where the system is complex.
Your attorney will help you secure:
They also evaluate impairment ratings, apportionment, and conduct a Functional Capacity Evaluation (FCE) to support long-term compensation.
Once a claim is filed, it enters the domain of insurance adjusters who are trained to minimize payouts. Their goals are not aligned with yours.
Tactics include:
Your attorney will handle all negotiations and communications, use evidence-backed arguments, and protect you from traps that diminish your rights or compensation.
You may have the right to negotiate a settlement through a Compromise and Release (C&R)—a lump-sum payment that replaces ongoing benefits. But valuing this correctly is complex.
A workers’ comp attorney will:
They also understand administrative hearing procedures, due process rights, and how to expedite cases delayed by defense gamesmanship.
Even strong claims can be denied. If this happens, you have the right to appeal and present your case before a judge—but the process is formal and demanding.
Your attorney can:
Their presence evens the playing field against legal teams hired by insurance companies.
Sometimes, injured workers are harassed, demoted, or fired after filing a claim. California law (Labor Code §132a) prohibits this behavior.
A workers’ comp attorney can:
If your injury caused long-term disability, your attorney ensures a smooth transition through return-to-work programs or vocational rehabilitation.
Can I get workers’ comp if I was laid off?
Yes. Especially if your injury occurred before or during your employment. Cumulative trauma claims may still be valid after layoffs.
What is an Independent Medical Examination (IME)?
An evaluation performed by a neutral or defense-selected physician to determine the cause, extent, and nature of your injury.
How long do I have to file a claim in California?
30 days to report, 1 year to file a formal application. Exceptions exist for latent or cumulative injuries.
Can I settle my case even if I’m still treating?
Yes, but settlements must account for all future medical needs. A Compromise & Release ends your rights to future care via the insurer.
Can I sue my employer?
In most cases, workers’ compensation is the exclusive remedy. But you may sue a third party (e.g., equipment manufacturer) or file for gross negligence in rare cases.
At Michael Burgis & Associates, PC, we understand the devastating impact of a workplace injury. Our attorneys specialize in workers’ compensation, employment law, and personal injury, helping thousands of workers obtain justice.
Call us today at BurgisLaw.com to schedule your free consultation. We charge no attorney’s fee unless we win your case.
"Michael told me that he was going to do the best he can for me, my family, and for my future needs. He's surrounded by a staff. A staff so excellent they're very knowledgeable, professional, and very kind, courteous ... If you're really serious in a workman's comp case what can I say Michael Burgis is the guy. His staff will treat you right, you'll go in the right direction and I guarantee you will win."
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