Why You Need a Workers’ Compensation Attorney Immediately After a Work Injury in California

• Feb 15, 2022
• Blog
• Michael Burgis & Associates, P.C

Were you injured on the job? Are you wondering if you need a workers’ comp attorney? If so, you might also be thinking, “Why do you need a work comp attorney?” Up ahead, we’ll discuss your options as they pertain to workers’ compensation claims, including the most significant reasons to hire a workers’ comp attorney and why doing so right away is critical to your case.

Why Should I Hire a Workers’ Comp Attorney After a Work Injury?

When it comes to workers’ compensation claims, time is of the essence. Time needs to be allocated to ensure that you maximize your benefits and receive the best possible medical treatment. In California, delays in filing or missteps in documentation can result in lost benefits, lower disability ratings, or treatment denials.

We want our clients to receive efficient, thorough, and immediate medical treatment for their injuries. However, if we wait too long to file a claim, problems may arise, and your injuries may worsen, potentially extending beyond your body’s ability to heal properly.

Fortunately, you are entitled to a list of benefits after a work injury under the California Workers’ Compensation Act, such as:

It’s just a matter of obtaining them, and that’s where a workers’ comp attorney can help.

Understanding the Role of a Workers’ Compensation Attorney

A workers’ compensation attorney in California does far more than file paperwork. They serve as legal strategists who ensure:

• Your claim is properly documented with Form DWC-1 and supporting medical evidence
• You’re seen by qualified medical professionals, such as a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME)
• Your Whole Person Impairment (WPI) score is accurately calculated and challenged if necessary

They also:

• File for hearings before the Workers’ Compensation Appeals Board (WCAB)
• Navigate delays or denials from insurance companies
• Prepare for mandatory settlement conferences and trial proceedings if needed

What Can Happen if I Don’t Act Quickly Enough After My Injury?

Sometimes, a workers’ compensation case can take an extended period to get underway. Then it may go on for too long. When this happens, the client may start having exacerbated symptoms, worse and worse pain, and an increasing number of physical and emotional issues.

This happened to a client recently. This client came to our office with another attorney for six years. It had been six long years of treatment with the wrong physicians. He came to our office with severe arm injuries and a desperate need for proper medical treatment and legal help. We immediately took his case on.

In just six short months, we secured him the proper medical treatment he needed, and we also made significant progress on his case. This boon to his physical and mental health from better treatment, combined with our work on his case, finally got things moving forward.

Ultimately, we achieved an excellent outcome for this client. Proving that not only do you need to find a workers’ comp lawyer after a work-related injury, but you need to find the right one as well. We invested a significant amount of time and effort into this client, and now he is feeling better than ever.

Of course, had he had the proper representation from the beginning, he might still have use of both his arms. Unfortunately, his body started to deteriorate because time went on without progress. Today, we’re proud to say that we helped this gentleman regain some of his life. We hope we can help you get your life back, too.

Timeline of a Workers’ Comp Claim in California

Understanding the procedural steps helps clarify why early legal help matters:

1. Within 30 days of injury: You must notify your employer and submit a DWC-1 claim form.
2. Medical Evaluation: You’ll see a QME/AME who determines your condition and impairment.
3. Permanent Disability Evaluation: Your WPI is calculated using AMA Guides and mapped to the PDRS.
4. Negotiation or Litigation: Based on impairment, wage loss, and your recovery, your attorney negotiates a settlement or files for a WCAB hearing.

Delays at any step could jeopardize benefits. If your claim has been delayed or denied, learn about fighting denied workers’ comp claims.

Common Insurance Tactics You Might Face

If you are unrepresented, insurers may:

• Deny the claim, citing a lack of documentation
• Assign you to biased or non-specialist doctors
• Minimize your injury using AMA Guides interpretations
• Delay or deny necessary surgeries or MRIs
• Offer premature lowball settlements

An experienced attorney knows how to push back using legal precedent, medical re-evaluation, and WCAB appeals. For more on maximizing your settlement, see workers’ compensation settlements.

How to Choose the Right Workers’ Compensation Attorney

Here are attributes to look for:

• Certification: Look for attorneys who are certified in workers’ compensation law.
• Experience with WCAB & DWC: Experience with hearings, judge expectations, and appeals.
• Medical Network Access: Ability to refer to evaluators skilled in accurate WPI scoring.
• Success Rate: Past verdicts or settlements in similar injury cases.
• Client-Centric Focus: Availability and responsiveness throughout your claim.

Mental Health Claims and Secondary Injuries

Injuries don’t stop at the physical. If you’re experiencing:

• PTSD from the injury event
• Anxiety due to the inability to work
• Depression from chronic pain or isolation

…these can be compensable if tied to your workplace injury and properly evaluated by a psychological QME. Many workers are unaware of this without legal guidance. You may also be entitled to disability benefits for both physical and mental health conditions.