Alexander J. Leigh, Esq. founded Leigh Law Firm for the purpose of providing clients with the highest
standard of representation and service. Our goal is to navigate you through
the complex legal system so that you can recover from your injuries worry-free.
At Leigh Law Firm, we understand that injuries can have devastating:
- Physical
- Emotional
- And financial effects on you and your family
Our goal is to protect your rights, ensure that you receive the best medical
care, and maximize your compensation so that you can focus all of your
attention on your recovery. Our San Diego injury lawyers know how important
your case is to you and your family, which makes it important to us.
Answering Workers' Compensation FAQ:
Q. How quickly do I need to report my work-related injury?
You should try to let your employer know about your injury as soon as possible
after the injury occurs. If for some reason this isn't possible, you need
to submit a report within 30 days of the date of your injury in order
to preserve your workers' comp claim.
Q. Will I get to choose which doctor I see for my injury?
Normally your employers insurance company will specify which doctors you
are able to see within a certain network. However, there are cases where
you may be able to switch doctors at a later point. You can contact our
firm to find out more about this!
Q. What if my employer does not have workers' compensation insurance?
Every employer in California is required to carry workers' comp insurance,
so if your employer has failed to do so, you have grounds for a civil
lawsuit against them. In addition, California Labor Code §§
3715, 3716 (2018) sometimes allows for injured employees to receive compensation
from the Uninsured Employers Benefits Trust Fund if your employer does
not have workers' comp insurance.
Q. Are workers' compensation claims public record?
Yes.
Future employers can access general details about a workers' compensation
case by utilizing the Electronic Adjudication Management System (EAMS),
which will provide them with information regarding:
- The employees name
- Injuries
- Date the case was filed/settled
- Case number
- Attorney name
- And employer and insurance company names
However, the are certain rules as to how they can use this information
when looking at potentially hiring you.
Q. Can workers' compensation be garnished?
In general, workers' compensation benefits may not be garnished in California.
However, there are sometimes exceptions to this rule. If you would like
additional information, contact our office today.
Q. Can I claim workers' compensation for stress?
A stress workers' compensation claim would fall under the category of "psychiatric
injury."
In order to receive compensation for this type of injury the claimant must
be able to prove the following:
- They have a diagnosed mental disorder
- Your disorder has required you to have medical treatment or resulted in
a disability
- You have been working for your employer for 6 months
- Your employment has been the predominant cause leading to your psychiatric
injury (at least 51% responsible)
Related Reading:
Looking for some recent news about workers' compensation in California?
Our attorney answers your questions in the following articles: