Calabasas Workers’ Compensation Attorney

What Workers’ Comp Doesn’t Cover

Workers’ compensation covers injuries that happen at work, during work. It doesn’t cover injuries that occur off the clock or away from the workplace. If an injury results from your own willful negligence or intentional misconduct, it likely won’t qualify for benefits either.

For example, if you misuse a piece of equipment and get hurt, that injury may be excluded. Similarly, an injury sustained off company property may not be considered a workplace injury under California law.

Injuries & Illnesses Covered Under California Workers’ Comp

Both acute injuries from a single event and conditions that develop over time are covered under California workers’ compensation. An obvious example is a broken bone from a fall, but long-term injuries from repetitive motion qualify as well. We handle cumulative trauma claims involving carpal tunnel syndrome, repetitive motion injuries, hearing loss, neck and back strain, and tendonitis. For cumulative trauma, the one-year filing clock typically starts the day you felt the disability and knew, or should have known, that the condition was work-related.

Additional illnesses that may qualify as workplace injuries include:

• Cancer from exposure to carcinogens
• Hypertension
• Arthritis
• Breathing problems
• Complex Regional Pain Syndrome
• Chemical exposure
• Fibromyalgia
• Heart disease
• Psychiatric illnesses

If your condition developed because of your working environment or job duties, it may be covered under your employer’s workers’ compensation policy.

Filing a Workers’ Compensation Claim in Calabasas

The steps you take after a workplace injury and the deadlines you meet can determine whether your claim succeeds or fails. Here is the sequence Calabasas workers need to follow.

Report the injury to your employer in writing within 30 days under California Labor Code §5400. A text or email is sufficient. Your employer must then provide a DWC-1 claim form within one working day of learning about the injury. Complete and return that form promptly.

Once the DWC-1 is filed, the insurer has 90 days to accept or deny the claim. During that period, up to $10,000 in medical treatment is authorized under Labor Code §5402. Under California Labor Code §5405, injured workers generally have one year from the date of injury to file a workers’ compensation claim. Missing the 30-day employer notification deadline can jeopardize your right to benefits. Missing the one-year filing deadline can close the claim entirely.

Calabasas workers’ compensation claims are filed and heard at the Van Nuys district office of the Workers’ Compensation Appeals Board (WCAB). If a claim is denied, you can file an Application for Adjudication of Claim with the WCAB to appeal. Our attorneys assist Calabasas clients through every step of this process, from the initial report through resolution, and we respond to all client communications within 24 hours.

When Your Claim Is Challenged: What We Do for Injured Calabasas Workers

A workplace injury can cost you your mobility, your income, and your quality of life. In serious cases, it can mean permanent limitations and years of medical care. California law prohibits employers from terminating your employment solely because you filed a workers’ compensation claim. Under Labor Code §132a, retaliation for filing is prohibited and may entitle you to reinstatement, lost wages, and additional penalties. When an employer responds to a claim with adverse action, we handle those retaliation claims alongside your workers’ comp matter.

Insurance companies frequently try to minimize or deny valid claims, and navigating that process without an attorney can put you at a disadvantage. If you can’t return to your prior job after an injury, you may also be entitled to a Supplemental Job Displacement Benefit voucher of up to $6,000 for retraining or education under California Labor Code §4658.7. We handle everything from initial filing through claim denial and appeals, so you don’t have to face the insurance company alone.

Contact our Calabasas workers’ compensation attorneys at (866) 400-4450 or reach us online to schedule your free consultation. We’re in your corner from the first call through the legal process.