7 Powerful Reasons to Hire a Workers’ Compensation Attorney in California

• Mar 22, 2022
• Blog
• Michael Burgis & Associates, P.C

Workplace injuries are common. The workers’ comp process is not always simple

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.

Why getting compensated should be easy, but often is not

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.

How a workers’ compensation attorney can protect your rights and benefits

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.

1. To Understand Your Eligibility and Maximize Your Legal Options

Many employees assume they automatically qualify for workers’ compensation benefits.

Eligibility depends on classification, injury type, and scope of employment

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.

Third party claims and SSDI may apply in addition to workers’ comp

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.

2. Reason 2. Avoid costly mistakes that lead to claim denial

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.

Common reasons insurers and employers cite to deny claims

Insurers and employers also use tactics to deny claims by citing:

• Pre-existing conditions
• Off-duty injuries
• Horseplay or intoxication
• Inadequate evidence of work causation

An attorney strengthens your claim with admissible evidence and documentation

A workers’ comp attorney ensures full procedural compliance and preempts these defenses by organizing your claim with legally admissible evidence and expert medical documentation.

3. Reason 3. Identify and secure every benefit you deserve

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.

Benefits may include TD, PD, SJDV, life pension, and death benefits

Your attorney will help you secure:

• Immediate medical treatment
• Temporary Disability (TD) benefits for lost wages
• Permanent Disability (PD) benefits if you don’t fully recover
• Supplemental Job Displacement Vouchers for vocational retraining
• Life Pension in severe partial disability cases
• Death Benefits for dependents in fatal cases

Impairment ratings, apportionment, and functional capacity evidence matter

They also evaluate impairment ratings, apportionment, and conduct a Functional Capacity Evaluation (FCE) to support long-term compensation.

4. Reason 4. Protect you from insurance tactics and lowball settlement offers

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.

Adjuster tactics include delays, terminations, and pressure to settle

Tactics include:

• Early benefit termination
• Delays in approving treatment
• Offering inadequate settlements
• Forcing IMEs with biased physicians

Your lawyer handles negotiations and protects you from damaging traps

Your attorney will handle all negotiations and communications, use evidence-backed arguments, and protect you from traps that diminish your rights or compensation.

5. Reason 5. Navigate legal procedures and secure a fair settlement

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 values future medical care and wage loss correctly

A workers’ comp attorney will:

• Calculate your future medical costs, wage loss, and retraining needs
• Ensure settlement terms protect you long-term
• Reject lowball offers and force proper valuation
• Advise whether to settle or continue receiving benefits

Procedure knowledge helps resolve cases delayed by defense tactics

They also understand administrative hearing procedures, due process rights, and how to expedite cases delayed by defense gamesmanship.

Reason 6. Appeal denied claims and win hearings before a judge

Even strong claims can be denied.

Appeals are formal. Evidence and deadlines decide outcomes

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 files appeals, gathers evidence, and represents you at trial

Your attorney can:

• File all necessary appeals and forms on time
• Collect additional evidence, medical opinions, and witness testimony
• Represent you at trial and present legal arguments
• Challenge employer or insurer misconduct

Their presence evens the playing field against legal teams hired by insurance companies.

Reason 7. Protect you from retaliation and support long term job security

Sometimes, injured workers are harassed, demoted, or fired after filing a claim.

Labor Code 132a prohibits retaliation for filing a workers’ comp claim

California law (Labor Code §132a) prohibits this behavior.

Legal help can secure reinstatement, back pay, and accommodations

A workers’ comp attorney can:

• File a retaliation or discrimination claim
• Secure back pay, job reinstatement, or other remedies
• Help negotiate reasonable accommodations for return-to-work plans
• Represent you if the injury intersects with ADA or FMLA laws

If your injury caused long-term disability, your attorney ensures a smooth transition through return-to-work programs or vocational rehabilitation.

FAQs. Frequently asked legal questions about California workers’ comp

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.

What is an Independent Medical Examination IME

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.

Let us fight for your full recovery after a workplace injury

Michael Burgis and Associates focuses on workers’ compensation 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.

Free consultation. No attorney fee unless you win

Call us today at BurgisLaw.com to schedule your free consultation. We charge no attorney’s fee unless we win your case.