Orange County Workers’ Compensation Lawyers
Call (800) 980-6905
If you have been injured while on-site at work or while performing a work-related duty off-site, you may be eligible for workers' compensation benefits.
In California, employers must carry workers' compensation insurance, which gives benefits to employees in the event of a work injury. Workers' compensation is a no-fault insurance, which means that the benefits are provided to injured employees regardless of who was at fault.
If you would like to file for workers' compensation, call our Orange County workers' compensation attorneys at Alvandi Law Group for help. Absolutely no fees or costs until we win.
At Alvandi Law Group, we are known for our:
- Stellar Results: Over Half a Billion Dollars Recovered for Clients
- Experience: We’ve Served Southern California for Over a Decade
- Dedication & Focus: 100% of Practice Dedicated to the Injured —It’s All We Do
Guiding You Through the Workers' Comp Process
Filing a workers' compensation claim is complicated and involves extensive paperwork. Many claims are denied because they are filed incorrectly or incompletely.
It is important that you have a workers' compensation attorney in Orange County on your side to make sure your claims are filed in an accurate and prompt manner.
If you were injured while working, you should:
- Notify your supervisor or manager of the injuries.
- Get medical treatment for your injuries, no matter how minor they may seem at first.
- Collect the contact information of individuals who may have witnessed the accident.
- Take pictures and notes of the accident, including the location and your injuries.
- Call a lawyer to file a workers' compensation claim for you.
Regardless of your immigration status, our Orange County workers' compensation lawyers at Alvandi Law Group, P.C. can help you pursue the benefits you deserve after a workplace accident.
We handle workers' comp claims involving all types of injuries, including:
- Brain injuries
- Burn injuries
- Repetitive strain injuries
- Spinal cord injuries
- Toxic exposure injuries
- Fatal injuries
- And more
Steps for Filing a Workers' Comp Claim in California
Workers' compensation claims must be filled out the right way and include adequate documentation, medical records, and other important documents. You will need to make sure that your documents are thorough, your paperwork is filed correctly, and that you follow the directions.
Any minor errors could result in a denied claim. This is why it's critical to work with an experienced lawyer, like those at Alvandi Law Group, P.C.
When filing for workers' compensation in California, you will need to:
- Fill out Division of Workers' Compensation (DWC) Form 1 and submit it to your employer. This form includes basic information about you and your injuries.
- Fill out an Application for Adjudication of Claim with the Workers' Compensation Appeals Board. This form must be filed within one year of your accident.
- Fill out a Declaration Pursuant to Labor Code along with the Application for Adjudication of Claim. This form verifies that you did not submit any fraudulent data.
- Include a cover sheet that can be found on the DWC website, with submitted forms.
- You also need to include a document separator sheet, which is also available the DWC website, to place after each form.
After submitting your documents, the insurance company will respond with their decision. If they deny your claim, then you can pursue an appeal with the help of our Orange County workers' compensation attorneys at Alvandi Law Group, P.C.
Over Half a Billion Dollars in Settlements WonWe have a record of success over the course of our career. Our results speak for themselves.
100% Dedicated to the InjuredWe have committed our resources to solely helping injured people to so they may focus on recovery
If We Don't Win, You Don't PayWe only operate on a contingency fee basis: if we are unsuccessful in recovering benefits, then you don't owe us a penny.
Serving California for Over 15 YearsWe serve individuals and families all across California and bring decades of experience protecting the rights of injured workers.
Honest & Clear CommunicationWe can provide unwavering legal support for every stage of the process, even if your claim has been denied.
Multi-LingualOur firm is capable of serving clients in a variety of languages.
Gil Alvandi Founder & CEO
Bobby Alaghebandan Managing Partner
Megan Azim Litigation Attorney
Eddie H. Choi Litigation Attorney
Arezoo Bolouhari Litigation Attorney
Sidney Sadeghi Litigation Attorney
Shelly Pu Litigation Attorney
Arash Foroughmand Litigation Attorney
Lindsay R. Peak Litigation Attorney
Kelsey Miranda Litigation Attorney
Sheriff Issa Litigation Attorney
Nooshin Didarmorshedi Litigation Attorney
Humberto N. Macias Litigation Attorney
Mikhail Josef N. Gomez Litigation Attorney
Fayth Deneen Litigation Attorney
Robert Gibb Litigation Attorney
Workers' Compensation vs. Personal Injury Claims
Workers’ compensation is a system that aims to provide benefits to employees in the event of a work-related incident. Workers’ compensation claims differ from personal injury claims because proving liability is not necessary to recover benefits.
However, some workplace accidents may involve third parties — the negligence of manufacturers, designers, retailers, maintenance workers, and safety inspectors could be to blame for an incident. If one of these parties is at fault for your work injury, you could be entitled to additional benefits through a third-party work injury claim.
What Is the Role of Liability in Workers’ Compensation Claims?
Workers’ compensation is a no-fault system. In typical cases, liability for a work injury may not be considered. Often, employees are able to have their claims approved and begin collecting benefits without attributing blame to anyone.
Additionally, employers cannot be sued under the workers’ compensation system.
Even if your employer can be considered as the at-fault party in your work injury case, you cannot file an outside claim against them. There may be an exception in rare cases of gross negligence or misconduct, but it is not the standard for an employer to face any liability for injuries to their employees in typical workers’ compensation claims.
What Are Third-Party Work Injury Claims?
Outside of the workers’ compensation system, an injured employee may be able to file a third-party claim to account for the liability of entities other than their employer.
Third-party work injury claims exist separately from workers’ comp claims, and proceed more similarly to a personal injury claim. In these cases, the injured employee would act as a plaintiff and would need to prove the defendant party’s negligence and liability.
Some common third-party claims involve machinery accidents. You may be able to file a third-party work injury claim if you were hurt in an accident caused by:
- Defective equipment design or manufacturing
- Known sale of a defective or dangerous machine
- Improper maintenance provided by a third party
- Failure by a safety inspector or regulatory agency to identify and correct a machinery defect
How Can Our Workers' Comp Lawyers in OC Help?
In California, the workers' compensation system is designed to provide benefits to employees who have been injured on the job or while performing work-related duties. While employers are required by law to provide these benefits, they must be applied for and there can be many obstacles that stand in the way of receiving them.
An experienced workers’ comp lawyer in Orange County can help ensure that an injured worker gets all the benefits and compensation they deserve. Our attorneys at Alvandi Law Group understand how California's laws apply to your case, as well as how best to navigate the complex process of filing a claim for workers' compensation.
Other services a workers' comp attorney near you can provide:
- Assisting with filing workers’ compensation claims and ensuring accurate paperwork is submitted.
- Representing clients in hearings, appeals, and other proceedings related to the claim.
Investigating the circumstances of workplace injuries to determine if a third party may be liable for additional damages beyond what was provided by workers' compensation benefits.
- Helping calculate the amount of workers' compensation benefits that an injured worker should receive based on their injury or illness. This includes medical bills, lost wages, disability payments, etc., as well as any additional damages from a third-party claim if applicable.
- Negotiating settlements on behalf of clients so they can get compensated quickly without having to go through long court proceedings involving multiple parties and legal procedures.
- Advising clients about their rights under state law. This means helping clients understand what types of coverage are available for their particular situation, how much coverage they are eligible for, which deadlines must be met, and other important considerations regarding both employees’ rights and employers’ obligations.
If you have been injured on the job, contact Alvandi Law Group to get started on filing a workers’ compensation claim and finding out what legal options are available to you in Orange County. Our attorneys can assist you with every aspect of your workers’ compensation claim.
We handle cases involving all types of workplace accidents, including:
- Construction accidents
- Scaffolding accidents
- Gas leaks, fires, and explosions
- Electrocution accidents
- Machine malfunctions
- Vehicle-related accidents
For experienced, no-cost insight into your workers’ compensation case, schedule a free consultation with our workers' compensation attorneys in Orange County by calling (800) 980-6905 or completing our contact form.
What Coverage for Workplace Accidents & Injuries Do I Have?
Though some jobs are inherently more dangerous than others, all workers face some risks while on the job. From office concerns like trips and falls to construction hazards like falls from height or being struck by an object, any number of workplace accidents can cause serious injuries like fractures, internal injuries, and/or brain trauma.
All on-the-job accidents, no matter who is at fault, are covered by workers’ compensation. Employee negligence is not a reason for insurers to deny a claim unless evidence shows that the employee was intentionally misusing equipment or was displaying extreme recklessness, e.g., coming to work intoxicated. If you were injured on the job, workers’ compensation can help pay your medical bills and provide temporary or permanent disability pay if your injury interferes with your ability to perform your job, among other benefits like vocational rehabilitation.
Is Workplace Violence Covered by Workers' Compensation?Though it’s typically low on employees’ radar, workplace violence is one of the top causes of on-the-job death in the country. Workers’ compensation covers attacks, whether from coworkers, clients, customers, or third parties as long as they are related to work. Disputes of a personal nature do not meet the insurance’s terms for coverage, so injuries that result from such fights will usually not be covered.
Can I Get Compensation for Cumulative Injuries & Workplace Diseases?
Many employees are forced to perform the same motions repeatedly, whether they involve typing all day or constantly lifting and pulling heavy objects. When these many small actions and impacts add up, they can cause a cumulative injury.
Environmental factors can have permanent health effects, too. For example, loud workplaces can gradually cause hearing loss, especially when ear protection is not provided to workers. Mounting stress and trauma experienced by those in first responder jobs can cause mental health difficulties like anxiety, depression, and post-traumatic stress disorder (PTSD). Exposure to toxic elements can cause diseases, cancers, or other serious chronic illnesses.
All these types of injuries are eligible for workers’ compensation, but they may be harder to prove. Insurers will try to argue that your injuries or illness were caused by other factors, not the workplace. With Alvandi Law Group on the case, we can put together medical evidence and strong arguments to support your claim.
Why Did My Workers' Comp Claim Get Denied?
Why are claims commonly denied? Workers’ compensation insurers will tell you that they have to be on the lookout for fraud. However, it is also important to acknowledge that the more often an insurer pays out claims for workplace injuries, the less profit it makes at the end of the fiscal quarter. Sometimes this can lead to wrongful denial of claims, and sometimes a wrongful denial happens unintentionally.
Common arguments insurers make against workers include:
- There is insufficient evidence of injury.
- The injury was not caused by your job.
- You do not need medical treatment or disability payments.
- Your workers’ compensation coverage excludes that type of injury.
Insurance adjusters often split hairs when it comes to evaluating claims if they think they can avoid paying for the worker’s treatment and wages. Don’t let them ignore you after a work injury puts you out of commission. Our Southern California workers’ comp team can help you put together a strong appeal to continue pursuing the benefits you need and deserve.
How Long Do I Have to File for Workers’ Comp?
To qualify for workers’ compensation benefits, you must notify your employer about any work-related accident within 30 days of its occurrence. For occupational diseases or repetitive stress injuries that don’t show symptoms right away, the report must be made within 30 days of realizing that an injury or illness was likely caused by work, such as through a doctor’s diagnosis.
Though your employer has to report workplace injuries to Cal/OSHA within a week, starting a workers’ comp claim is its own process—one which, due to related costs, your employer has no incentive to start. Your report is the first step of filing a workers’ comp claim. Make sure you do so in the first month after your injury, or you may have to bear the costs of an accident alone.
My Employer Doesn’t Have Workers’ Comp – What Should I Do?Despite California’s legal requirements, some employers don’t provide workers’ compensation coverage for their employees. If your employer has failed to insure you and your coworkers, you still have options and may still receive financial help. The California Uninsured Employer’s Benefit Trust Fund (UEBTF) was made specifically for such a situation. The Fund acts as an insurer, paying out benefits at standard levels. This program helps employees get help as soon as they need it, without having to worry about recovering costs from an employer that violated California workers’ compensation requirements for one reason or another.
Can I Get Fired or Face Other Retaliation After Filing for Workers' Compensation?
It is illegal for your employer to retaliate against you for filing a workers’ comp claim due to an on-the-job accident.
Unlawful forms of employer retaliation can include:
- Loss of job responsibilities
- Re-assignment to worse shifts
- Position change or demotion
- Unjustified disciplinary actions
- Discrimination or harassment
If you faced any of these actions after filing for workers’ comp or getting injured at work, then you may be able to take your employer to court for retaliation while still pursuing your workers’ compensation benefits in a separate claim. A retaliation lawsuit is an employment lawsuit with its own rules and regulations, so be sure you work with an attorney who understands these unique case types, too. Alvandi Law Group has a legal team that is well-versed in all angles of workers’ compensation cases, including those that get complicated by unfair employer retaliation after a workplace injury and insurance claim.
When Should I Hire a Workers' Comp Lawyer?
When you have suffered a workplace injury, it is important to consider hiring a workers' compensation attorney as soon as you can. A workers' comp lawyer from Alvandi Law Group can help ensure that your rights are protected. We can also calculate the full amount of benefits and compensation that you may be entitled to under California law, and work diligently to stop that amount from being unfairly reduced. The sooner you hire a workers’ compensation lawyer, the sooner your lawyer can get to work applying their knowledge to your case.
A Southern California workers' compensation lawyer from our firm can:
- Help you file paperwork before deadlines.
- Ensure that all forms are properly filled out.
- Assist in gathering medical records, bills, and other documents needed for the claim.
- Present an appeal if a claim is denied by the insurance company.
- Negotiate with the insurance company for a fair settlement or award amount.
- Represent you in court hearings if necessary.
- Provide legal advice on filing a lawsuit against employers who have violated state laws and regulations.
- Prepare written arguments to support your position regarding claims made against you by your employer or their attorney.
- Educate you about your rights under California law related to workplace injuries.
- Build strong cases using evidence obtained from witnesses, photographs, videos, and more.
- Follow-up if an insurance company is failing to respond to your injury report.
This law group is the best. I have been dealing with Michelle Espino and she is a very attentive and sweet person. I was originally dealing with another law group for a year and never once seen a doctor. When I told her about my problem, she was quick to help me out and she even got me a doctors appt within a week. I highly recommend this law firm. They have relieved a great deal of stress I have been going through.- Anonymous
What can I say about Michelle Espino! She has been so helpful in answering my question and her warm personality gives me comfort. She really cares about her clients. Keep up the great job you are doing!!!- Trisha
This firm has inspired me in so many ways. They have helped many friends and family members of mine. Starting with the consultants to just all around the office. They really know what their doing and are great. I can see now that they have experience superior to others. People have left their other attorneys to come to this office. Including some close family of mine. I appreciate them. Thank you Alvandi Law Group!- Anonymous
I recommend Alvandi Law Group. They have good attorneys and great customer service. I remember when I first called for a consult and spoke to Kayla, I truly was not ready to sign. I just had questions and was scared to get fired., but she explained the process to me and was always there to answer my questions. I've met Gil, as well, and he is a kind man. Stay kind and humble.- Andrew
Everyone there was very helpful but Monica Torres went above and beyond she was patient and understanding with me. If you have a workers' comp claim, I strongly recommend Alvandi Law Group.- Raymond
Great customer service. Michelle was very fast and helped me so so much. Got things done and fast and was taken care of a lot sooner than I expected. Very professional!!!!! Thank you guys so much you guys rock!! I highly recommend them and would refer them to any who needs help.- Janatte
Alvandi Law Group took my workers' comp case when others did not want to give me the time of day, My work was giving me the runaround and did not want to send me to a doctor. The attorneys' office quickly sent me out to a doctor. I had many many questions and Sheila and Veronica have been very patient with me in answering them. They have helped me get benefits while I am out of work.- Junior
Gil and his team is as good as it gets. This review is long overdue. The team went above and beyond to get me a favorable result. In the end, we came out ahead and we put the case behind us. I would go as far as to say this is the best firm to choose in Orange County. Thanks again.- Robert G.