What is the first step to filing a workers' compensation claim?

Tell your employer that you have been injured and call an attorney to make sure you are protected in accordance with the California Labor Code.

How long will it take for my case to be filed?

Scott Schwartz meets with his clients as soon as possible after an injury to discuss their case and then files an application on their behalf personally to make sure that it is done properly and within the appropriate time period.  In addition, Scott Schwartz is one of a limited pool of attorneys with a license to file applications directly with the State of California.  As a result, Mr. Schwartz has a case number assigned to your case within about one week after the application is filed.  Most other attorneys have your application dropped in a basket and it generally takes a few months before you have a case number assigned to your claim.

Will I get fired if I file a claim?

It is against the law to fire an employee for filing a workers' compensation claim. Most employers know it is illegal to fire an employee because of his or her intentions to file a workers' compensation claim. Though, there are some employers that do not know that it is illegal to fire the employee because they filed a workers' compensation claim. If this happens, and the employee has a lawyer, many times all it takes is a letter from the attorney to the employer, advising the employer of the prohibition for such wrongful termination and the employee is reinstated with his or her job.

What if my employer ignores this law and fires me anyway?

If that happens, the attorney can file a petition with the workers' compensation court, demanding penalities, fines and reinstatement. Said petition will often request that the employee be paid the wages he or she would have been paid had the wrongful termination not have occured.  Such a petition must be filed within one year of the date the employee was illegally terminated. There are also other remedies including, but not limited to, the filing of a civil suit for wrongful termination and violation of various California codes including The Fair Employment and Housing Act. These civil suits are not automatic; they must be requested from the attorney on a seperate contract and a complaint must be first filed by the employee with The California Department of Fair Employment and Housing. If the Department accepts the case, they will prosecute it on behalf of the employee at no charge to the employee. However, if the Department rejects the complaint, the employee still can sue on his or her own in civil court within one year of the date of rejection of the case by the Department.

Where can I get medical treatment?

Scott Schwartz knows doctors that specialize in Workers' Compensation and will do his very best to find an appropriate physician in your area.  Even if the insurance rejects your claim, Scott Schwartz regularly works with doctors that treat his clients on a lien basis, meaning that the employee does not have to pay any medical bills.  Also, keep track of the mileage you travel to visit doctors on a Medical Mileage Expense Form and Mr. Schwartz will petition to have your expenses reimbursed.

What is the maximum monetary compensation a disabled worker can get?

Currently, the maximum temporary disability is $602.00 per week for injuries happening on 1/1/04, the maximum temporary disability is $720.00 per week. This means that if a worker is not able to work because of a temporary disability he or she suffered, the injured worker is eligible to receive two thirds of his or her weekly earnings up to a maximum of $602 per week or $720 per week if the accident happened on or after January 1, 2004.

Who will pay for my medical bills?

By law, your employer, or your employer's insurance company must pay for all necessary medical bills. The employee never has to pay for medical bills out of his or her pocket. If the employee does pay medical bills out of pocket, he or she is entitled to reimburshement without regard to deductibles or co-payments.

Who will pay my temporary disability?

Your temporary disability payments will either come from your employer's workers' compensation insurance carrier or the State of California; provided; however, that your employer has withheld money from your paycheck for state disability (which they are required to do if you are a W-2 employee).  In the event that your claim is denied, the Law Office of Scott A. Schwartz and your physician will assist you in completing ans submitting a Disability Insurance Claim Form so that you can receive your state disability. 

How much will this cost?

The employee will not have to pay any upfront costs. All costs are paid at the end, including attorney fees. The Law Office of Scott A. Schwartz requests 15% of what the employee wins in court.   

By filing a case, will it effect my future employment?

Your workers' compensation case is confidential; future employers do not have a right to obtain this information, nor ask you if you've ever suffered a disabling injury at a job.

How much is my case worth?

The value of your case depends on how much permanent disability the doctor says you have, when he or she discharges you. Other factors that decide the value of your case is how much future medical expenses the doctor says you might encounter to treat you work related disablity. Permanent disablity in workers' compensation, could be partial, or total. This means that the value of your case will be much higher if you are found to be suffering from a total disability as opposed to a partial disability. Still, a partial disability could be worth over $100,000.

What if I cannot return to my former job?

If your injury occurred before January 1, 2004, you are entitled to re-training as well as a weekly allowance of up to $246 while you are attending school. If your injury occurs on or after January 1, 2004, you are entitled to a voucher paying you for your schooling; but you are therefore not entitled to weekly checks while in school.

How do I know that I have a workers' comp case?

You know you have a workers' comp case if you get injured at work or away from work while doing something for your employer. There are a lot of exceptions to this rule, but it would take a careful analysis of your case and the facts regarding the injury.  We offer a free consultation to determine whether you have a viable workers' compensation claim.

How long will it take for my case to be resolved?

Most cases are usually resolved within 9 months of the date that the doctor discharges you from medical treatment.

Where can I get more information?

Click here to submit your question directly to Scott Schwartz.