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Injuries on Job? 5 Steps to File a Workers’ Compensation Claim

Stress Claim attorney | Gaylord & Nantais

Frequently Asked Questions About Workers’ Compensation 

  • What kind of medical treatment can be expected?
  • Is workers’ compensation taxable?
  • How soon does workers’ compensation commence?
  • What is the ideal time limit for filing a claim for benefits?
  • Can an employer fire you if you’re unable to work because of an injury and receiving workers’ compensation benefits?

Why Do You Need a Professional?

If you suffer from an injury at your workplace, it can be very stressful and can create financial uncertainties. It is very important not to just settle for whatever amount the insurance adjuster sets for the settlement. That’s why you need help from an attorney experienced in personal injury and workers’ compensation claims.

Here are the requisite steps involved with a Workers’ compensation claim.

  1. Find out if you are covered by workers’ compensation 
    Your employer will tell you whether or not you are covered by workers’ compensation. If you are not, then a personal injury attorney will likely be needed to recover your compensation.
  2. Determine if the accident was work-related
    If your injury was caused by another employee or by a machine then you may be entitled to a settlement from your employer. An experienced personal injury attorney will be able to tell you how valid your claim is.
  3. Find out if you are eligible for Social Security Disability or State Disability Indemnity
    State Disability is paid through the Employment Development Department or EDD. State Disability is a benefit that is paid by the state for non-work-related injuries causing temporary disability. These benefits are also available for disputed or denied work-related claims. These benefits are paid while the claim is pending. You can collect EDD benefits for up to 1 year as long as you have a doctor who will certify your disability status. You do not need an attorney to apply for these benefits. If it appears that you will not return to the work force, you may apply for SSDI, or Social Security Disability Indemnity. In order to qualify for SSDI, you must be out of work due to disability for over 1 year. It is advisable to apply for these benefits after 6 months as the process may take some time. Don’t worry if your claim is initially denied, most are. You will likely need to file an appeal. It is advised that you obtain an attorney who specializes in Social Security Disability claims to help you with the appeal process.
  4. Get the proper medical attention you need
    Get your injuries documented by a doctor and make sure you get the medical attention you need. The medical report will become evidence in the case.
  5. Find an attorney who specializes in workers’ compensation claims
    Make sure you talk to different attorneys who offer free consultations. Choose an attorney with the appropriate experience and education in personal injury law. Keep in mind that over 90 percent of personal injury cases are settled out of court. You still may want an attorney to make sure that you are awarded the maximum amount of compensation possible.


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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