Fighting for the Benefits You Need Across Orange County, Los Angeles &
In California, all workers are entitled to workers’ compensation
benefits if they are injured at work or while performing a work duty.
From one-time accidents to occupational diseases and injuries caused by
repetition, any work-related injuries are covered regardless of fault.
While these benefits are a great way to help workers make up for lost
wages and medical costs, workers’ compensation can be a complex
and frustrating process.
At Humphrey & Associates, we are dedicated to helping injured workers
fight for the benefits that they need. We understand the intricate workers’
compensation laws in California and can guide you through every step of
We have effectively represented workers in a wide range of workers’
comp claims, including those involving:
From the initial application all the way to appealing a
denied workers’ comp claim, we’re here for you. We make sure that insurance companies do what
they are supposed to do, and that they do not take advantage of you.
Workers’ Compensation Benefits
Workers’ compensation can provide benefits for:
Temporary disability benefits: In general, TD benefits are calculated as two-thirds of your gross wages.
You may continue to receive temporary disability benefits while you are
recovering from a work-related injury. These payments end when a physician
says you are able to return to your job or you return to your job doing
alternative work as provided by your employer. If your condition is not
improving or getting worse, you may be able to receive permanent disability benefits.
Permanent disability benefits: When you have sustained a permanent disability and your doctor says you
will never completely recover, you may be eligible for permanent disability
benefits. PD payments are determined by your disability rating, your wages,
and whether your employer has offered you alternative work.
Medical costs, including treatment services, testing, medicine, travel costs, doctor's
visits, and other medical costs needed to treat your injuries.
Death benefits (if a worker dies): Death benefit are paid to a worker's spouse, children,
or other dependents. Payments can include costs of burial expenses and
benefits for minor dependents.
What to Do If You Have Been Injured While at Work
Experiencing an accident on the job can put workers under extreme amounts
of stress. Sometimes, injured employees are hesitant to take action out
of fear of retaliatory acts from their employer. Know that it is illegal
for a business to punish workers for filing a workers’ compensation
claim and it is vital to act quickly. Additionally, be sure to keep detailed
records of everything which happens in your case including how your injuries
progress and the communications you have with your employer.
Steps In the workers compensation benefits process include:
Report the injury: Workers must notify employers about an injury as soon as possible or
as soon as they are aware that an injury has occurred. You have a limited
amount of time in which to report an accident and doing so early can help
to avoid problems down the line. Additionally, an injured worker who misses
a deadline may forfeit their right to claim compensation altogether.
File a claim: Notifying your employer of an injury is only the first step. You must
also submit your claim formally and in writing. Your employer should provide
you with a DCW 1 form that asks for personal information, information
about how an accident occurred, and what injuries you suffered as a result.
Your employer will report the injury to the workers’ compensation
insurance company who generally responds within a matter of weeks.
Seek medical treatment: Visits to the doctor can be one of the most stressful and difficult parts
of the compensation process. If at any point you experience an injury
while at work, it is important to get medical care. While employers can
choose the initial examining doctor from a group of approved physicians,
an injured worker has the right to change doctors after the first visit
or a predetermined amount of time. Your employer’s workers’
compensation insurance is responsible for paying for doctors’ visits
as well as any medical bills relating to your injury.
Acceptance or denial of a claim: If your claim is accepted you will be eligible to continue collecting
insurance benefits. However, you will not always see eye to eye with the
insurance company’s decisions regarding your benefits. While it
is highly recommended to consult with an experienced attorney throughout
the claims process, it is critical to do so if your claim is denied. Our
attorneys can help you fight to overturn the denial of your claim.
Call for a Free Case Review
If you would like to learn more about pursuing your legal rights or if
you are unsure of what to do after a work injury, call our Orange County
workers’ compensation lawyers. We can talk about your claim and
walk you through the process.