Highland
Workers’ Compensation Lawyer
Workers’ Compensation Attorney In Highland, CA
There are few things more stressful than getting injured on the job. You shouldn’t have to place the additional strain of figuring out how to pay for medical bills and make up for lost wages on top of your existing stress. Instead, hire a skilled Highland workers’ compensation lawyer who can help you navigate the often complex world of workers’ compensation laws.
Trust Kampf, Schiavone & Associates
Kamp, Schiavone & Associates has handled countless workers’ compensation cases. We’ve helped clients start their claims from the beginning in some cases and jumped in when something goes wrong in others. No matter what you need in terms of help, you can trust our team to provide top-notch legal services.
If you’re unsure what benefits you qualify for, it may help to understand how California workers’ compensation laws determine employee rights and available benefits across different industries.
Why Hire a Workers’ Compensation Lawyer?
When you’ve been injured, your focus should always be on healing. When you hire a workers’ compensation lawyer, you can help to ensure that that can be the case. Your lawyer can handle the busywork for you, like filing paperwork and keeping track of deadlines. Plus, if something goes wrong, you have legal representation to help with appeals, hearings, and other proceedings. Your lawyer will only get paid if your claim goes through, so there’s nothing to lose. For a clearer look at what happens after a claim denial, learn how the California workers’ compensation hearing process works from start to finish, including key steps and preparation tips.
Who Is Eligible for Workers’ Compensation in California?
To be eligible to receive workers’ compensation benefits, you need to meet a few criteria. They include:
- Current employment. You must be a current employee of the company to claim workers’ compensation benefits under its policy. Freelancers, independent contractors, and volunteers don’t generally qualify.
- Directly-related injury or illness. You don’t necessarily have to get sick while at work to use workers’ compensation insurance benefits, but your illness or injury needs to have taken place at work.
- Reporting and filing deadlines. To be eligible to receive workers’ comp benefits, you need to file the correct report with your employer within 30 days of your injury’s occurrence. You’ll then need to complete and return a workers’ compensation claim provided by your employer. Delays at this stage can cost you your eligibility for benefits.
There are some conditions that can disqualify you from receiving workers’ compensation benefits. If your injuries were self-inflicted, sustained while committing a crime, or suffered while not on duty, you won’t be eligible to receive benefits.
How to File a Workers’ Comp Claim
There are three steps to filing a workers’ compensation claim, each of which must be completed in a timely manner. Here’s what you have to do:
- Report the injury. You’ll need to file a formal report with your employer in order to get a copy of a workers’ compensation claim form, Form DWC-1.
- File the actual claim. Next, fill out the claim form provided by your employer and file it through them.
- File an application for adjudication of claim with the Workers’ Compensation Appeals Board (WCAB). If you encounter any disagreements with your employer’s insurance company, you’ll need to file an adjudication of claim with the WCAB.
Once your claim has been submitted, your employer’s insurance company will investigate whether or not it’s valid. If the claim is considered valid, you’ll be entitled to receive benefits that will help with your medical care and lost wages. If you don’t hear back from the insurance company within 90 days, you can presume that your claim was approved. If you miss work because of your injuries, the insurance company must begin paying temporary disability benefits.
Unfortunately, many valid workers’ compensation cases get dismissed initially, requiring the injured party to file an appeal and attend a hearing at the California Department of Industrial Relations’ San Bernardino District Office.
You can start the process by filling out and filing Form WCAB-1. If you don’t have a lawyer yet, it’s strongly advised that you seek one out before filing your appeal. A workers’ compensation attorney may have insight into the situation that you lack and can provide you with help filing paperwork, representation during hearings, and more.
FAQs
How Do I Know When to Get a Lawyer for Workers’ Comp?
You’ll know to get a lawyer for workers’ comp if your injury is serious, your claim gets denied, or you’ve encountered issues with your employer or the insurance company. If you’re unsure about the process of filing a workers’ compensation claim, that’s also a compelling reason to hire a Highland workers’ compensation attorney.
What Is the Average Workers’ Comp Payout in California?
There is no average workers’ comp payout in California because every case is so different. That said, the average weekly payout for permanent total disability benefits is $1,704 in 2025. Temporary and permanent disability rates vary based on how much the worker earned before their accident, with payouts typically amounting to two-thirds of the worker’s pre-injury weekly pay, with a weekly minimum of $252 for temporary disability and $160 for permanent disability.
How Much Can You Get From Workers’ Comp?
How much you can get from workers’ comp depends on what your wages were prior to being injured and to what extent you have been disabled by your injuries. Temporary disability payments start at $252 per week. Permanent disability payments range from $160 to $290 per week. How much you’ll make, provided your weekly take-home pay is more than $378.05, can be calculated by finding two-thirds of your previous weekly pay.
How Much Do Lawyers Take From Workers’ Comp Settlements in California?
Lawyers take 9 to 15 percent from workers’ comp settlements in California. You won’t have to pay anything up front. Instead, your lawyer will work on a contingency fee basis, taking their cut only after you have been paid. A judge must approve the lawyer’s pay before it can go through, as well.
Your Highland Workers’ Compensation Lawyer
Workers’ compensation insurance is designed to provide a safety net for workers injured on the job. Unfortunately, the program doesn’t always make it easy to get the benefits to which you are entitled, which is where a Highland workers’ compensation lawyer comes in. Kampf, Schiavone & Associates has helped countless injured workers with their workers’ compensation cases. Whether you need help filing a claim or an appeal, let us know. Contact us today.