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Frequently Asked Questions

Inland Empire Workers’ Compensation Attorney Who fights for you!

How much does it cost to retain a good workers’ compensation attorney?

Rawa Law Group offers an absolutely free consultation. In fact, you’ll never pay a fee out of your own pocket. We get paid our attorney’s fee at the end of your case. Basically, we do not get paid unless you get paid. Specifically, the attorney’s fee is normally 15% of the settlement or award, but only if we win the case.

In the event my injury prevents me from travel, do I have to go to your office in order to retain your law firm to represent me?

No. Someone from our office is ready to meet with you at your home or at the hospital. Often, same day appointments can be scheduled.

If I file a workers’ compensation claim, can my employer retaliate against me?

It is against the law for your employer to discriminate or retaliate against you for filing a workers’ compensation claim.

I have a family member who works with me; can my employer retaliate against him or her?”

It is also against the law for your employer to discriminate or retaliate against your family member because you filed a workers’ compensation claim.

Can my employer retaliate against a co-worker who witnessed my injury and is willing to testify truthfully in my favor?”

Again, your employer cannot discriminate against any co-worker who will testify truthfully regarding your injury in your workers’ compensation claim.

How much experience does your law firm have?”

Our firm has handled thousands of workers’ compensation claims. In addition, we do not only handle workers’ compensation claims, but we also represent the injured worker in civil court if he or she is discriminated against by the employer.

If I have an attorney but I am not happy with his or her services, how can I retain your law firm to take over my case?”

It is very simple. You don’t need to do anything. Our office will contact your prior lawyer and let him or her know that our law firm has been retained to take over the handling of your claim.

My employer sent me to their doctor; should I trust this doctor?

Not necessarily. Each insurance carrier has its own list of doctors in what is called a Medical Provider Network(1). These doctors are getting paid by your employer’s insurance carrier. As such, these doctors – in order to save the insurance carrier money – often do not administer all necessary tests to properly diagnose your injury. Also, these doctors normally minimize your injuries and try to send you back to work before you are fully recovered. When you are sent back to work before you fully recover, generally, your injuries worsen. Even if you already have been treated by one of your employer’s insurance carrier’s doctors, seeking a second, independent opinion is a good decision to verify the previous doctor’s medical conclusions.

Is my employer required to have workers’ compensation insurance?

Yes. In general, every California employer who has at least one employee is required to have workers’ compensation insurance. The basic benefits that workers’ compensation insurance provides are: medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits and death benefits.

What if my injury at work was partially caused by my own negligence?

California workers’ compensation law is a no-fault system; thus, you are still eligible to receive workers’ compensation benefits.

What if my injury at work was partially caused by the fault of one of my co-workers; can I sue my co-worker?”

California workers’ compensation is a no-fault system. In exchange for the no-fault system, the law prevents you from suing your employer and your co-workers for negligence if your injury was caused by a co-worker’s negligence. Filing a workers’ compensation claim is your exclusive remedy.

What if my injury at work was partially caused by the fault of my employer; can I sue my employer?”

Again, California workers’ compensation is a no-fault system. In exchange for the no-fault system, the law prevents you from suing your employer and your co-workers for negligence if your injury was caused because of their negligence. Filing a workers’ compensation claim is your conclusive remedy.

How soon can I get treatment for my work injury?

Injured employees are entitled to receive prompt medical treatment. Depending on whether your claim is admitted or denied by your employer’s insurance carrier can also impact the speed and length at which you receive treatment for your work injury.

What are the most common ways to sue my employer for my work injury, if any?

Generally, workers’ compensation is your exclusive remedy. In other words, it is your only way to sue your employer. Under the workers’ compensation system, you should be able to receive reasonable medical treatment and temporary benefits. However, if an intentional or malicious act of your employer caused your injury, you should be able to sue your employer directly for a serious and willful claim. Under such circumstances, your employer’s insurance carrier will likely not cover this claim, and any recovery should be directly from your employer, not from its insurance carrier.

What if my claim for workers’ compensation is denied?

The denial should be reviewed by your attorney who will decide how to fight the denial and get all the benefits you are entitled to.

What if I discovered my injury later on, and I don’t remember the exact date of my injury and the specific incident that caused it?

In some cases, work injury is caused by a repetition of your job duties – such as pushing, pulling, lifting, bending, etc. – on a daily basis. This can cause continuous trauma to the body parts exerted to perform these repetitive duties. Since these types of injuries are not caused by a single, specific incident, you would logically discover them after having performed these aforementioned duties over time. As such, your employer is responsible for this type of injury in spite of the fact you discovered it later on.

Do I need an attorney to help me with my workers’ compensation claim?

Yes. An experienced Inland Empire attorney will help you get all the benefits you are entitled to under the law.

What if I am unable to return to my work to do the essential functions of my job?”

If you are no longer able to do the essential functions of the job you held at the time of your injury, and your employer does not offer you another job, you may be entitled to a workers’ compensation law benefit known as vocational rehabilitation.

What Is Paid For Under A Workers’ Compensation Claim?”

You can typically expect to receive payments for any out of pocket medical expenses associated with your treatment of your work injury. You can also receive payment in the form of temporary disability benefits for wages you lost while receiving treatment or recovering from your workers’ compensation condition.
In addition, you will receive reasonable treatment for your workers’ compensation condition, though this treatment must be approved by your employer’s insurance carrier. Any treatment sought outside of the workers’ compensation system can be denied under the insurance plan.
After you are declared to have reached a level of maximum Medical Improvement (MMI), if the evaluating doctor or doctors feel you have any permanent disability you are entitled to be compensated for that permanent disability in weekly payments.
Medical care to cure or relieve your symptoms, along with future medical care if indicated by the doctors, is recoverable.

How is your case settled?

There are several things to keep in mind when it comes to settlement of your workers’ compensation case, which are discussed below.