Oakland Workers' Comp Lawyer

After a workplace injury, seek medical attention immediately. Notify your employer in writing within 30 days, detailing the injury. Document the scene, record injuries, and gather witness contact information. Keep all medical records. File a DWC-1 claim with your employer. Before speaking to adjusters or signing documents, contact an attorney.

California's workers' comp system has specific rules for medical treatment. Initially, you will generally see a doctor from your employer's Medical Provider Network (MPN) or one chosen by the claims administrator. You can predesignate your personal physician if you have health insurance covering them and notify your employer in writing beforehand.

After MPN treatment, you can request a one-time change within the network or seek a second opinion if dissatisfied. Workers’ comp attorneys can help you understand these rules and ensure that you receive proper care.

If your employer lacks the workers' compensation insurance required by California law, you still have options. You can claim benefits from California's Uninsured Employers Benefits Trust Fund or sue your employer directly in civil court.

Additionally, you can file a complaint with the Division of Workers' Compensation, which may lead to penalties or even criminal charges for your employer. Workers’ comp attorneys can help you explore these options.

California uses a complex system to calculate permanent disability ratings and benefits. The process involves several factors.

First, you'll reach maximum medical improvement, the point where your condition has stabilized and further progress isn't expected.

Your treating physician then provides a permanent and stationary report describing your permanent impairments and work restrictions.

A disability rating is calculated based on the physician's findings using the Permanent Disability Rating Schedule. This considers factors like the body part affected, your occupation, your age at the time of injury, and how the injury limits your ability to compete in the open labor market.

The disability rating ranges from 0% to 100%. This rating is converted into weeks of permanent disability benefits.

Disputes over disability ratings are common. Insurance companies often seek lower ratings to minimize benefits. The attorneys in our network can help ensure your disability rating accurately reflects your limitations and can challenge unfair ratings.

California workers' compensation covers some psychological injuries; however, the requirements are more stringent than those for physical injuries.

Psychiatric injuries are compensable if actual events of employment were at least 51% of the cause of the injury. The injury must be diagnosed as a mental disorder, not just stress or frustration.

Special rules apply to psychiatric injuries resulting from violent acts or direct exposure to significant violent acts. However, psychiatric injuries aren't compensable if they result from lawful, good-faith personnel actions like performance evaluations, transfers, or terminations.

If you're experiencing psychological symptoms following workplace events or trauma, consult with an attorney from our network. They can evaluate whether your condition qualifies for workers' compensation benefits and handle the challenging requirements for psychiatric injury claims.