Frequently Asked Questions (FAQ)
Oakland Workers' Compensation
What do I need to do to file for workers' compensation in Oakland?
If you have been injured on the job, the first thing to do is to report the injury to your employer. Your employer should then provide you with a workers' compensation claim form, which you need to fill out and then return to your employer. It is important to report the injury immediately, as a significant delay may result in your ineligibility to apply for benefits.
Do I need an Oakland workers' comp attorney?
You are not required to hire an attorney to help with your Oakland workers' comp claim. However, this may be particularly helpful if you were seriously injured or your claim is particularly complex. An attorney can help you file for workers' compensation, and in the case of a dispute or denied claim, your attorney would also be there to protect your rights and seek the benefits you deserve.
What is my workers' compensation claim worth?
Without a careful review of your injuries, medical bills and whether you are temporarily or permanently disabled, it is impossible to say exactly what your claim may be worth. This is one of many reasons we recommend involving a lawyer early in the process, as this will help you understand what your claim is worth. If you are offered an unfair settlement, you will know it and can start negotiations to seek a better offer.
What types of benefits can I receive?
There are several primary types of benefits an injured worker or his or her family may be entitled to receive: medical benefits, job displacement benefits, disability benefits, and death benefits.
Do I have to prove that someone else caused my accident or injuries?
No. Under California workers' compensation law, you do not need to prove that someone else was at fault in order to recover workers' comp benefits. It is only necessary that your injury occurred at the workplace or was related to your job.
Are there other resources for benefits, other than workers' compensation?
It is possible that another party may be held liable in relation to your work injury. For example, a third party such as the manufacturer of a defective piece of machinery may also be held accountable, and this may open the door to you being able to receive additional benefits, not related to workers' compensation.
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