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Grupo MedLegal® > Blog > California > What Does an Employment Attorney Need to be Able to File a Claim?

What Does an Employment Attorney Need to be Able to File a Claim?

The Workers’ Compensation System in California was initially created to protect employers and insurance companies against civil suits in which a jury can give a verdict forcing the insurance company to pay the worker fair compensation. The Workers’ Compensation System protects your employer and the insurance company against lawsuits. The employer, instead of facing a lawsuit, gives the injured employee the minimum benefits—a percentage of his or her salary while injured, medical treatment, and compensation for any permanent disability he or she may suffer. The system is so biased against the injured worker that without the help of a firm of claims lawyers it may be impossible to avoid being deprived of your rights.

If you are injured at work, you have the right to receive Workers’ Compensation. If the employer or the insurance company does not give you compensation, you can file a claim at the state office in charge of workers’ compensation:  California Division of Workers’ Compensation.

What are the conditions for filing a claim?

  1. Breach or violation of a work contract
  2. Dismissal because of being part of a protected class: age, gender, race, disability, nationality, religion, civil status, sexual orientation, transgender, political activity
  3. Dismissal for defending your legal rights or demanding the rights of workers’ compensation
  4. You must be within the time frame of the statute of limitations. In Los Angeles, California, claims in a federal court must be made within 90 days of having received the right to sue letter. You obtain this letter by filling out a charge form within 300 days after the accident. In state courts you have a year to file a suit after receiving the right to sue letter.

The fact is, considering the difficulty of making a workers’ compensation claim, the best thing is for you to be represented by a work claims law firm that will fight for your rights in this process. Claims lawyers are prohibited from charging a fee for representation in a workers’ compensation case and any honorarium will be set by the judge if he grants the compensation.

This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.

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