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The Turley & Mara Law Firm, APLC

How To File a Worker's Comp Claim in San Diego

“I stand up to the workers’ compensation insurance company that is trying to keep you from getting needed medical treatment and weekly compensation benefits.  I give it to you straight. No sugar added.  No lawyer talk, no double talk.” San Diego Workers’ Comp Lawyer – Bill Turley

Work Injury Attorney Workers Compensation Lawyer

The First Step

When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.

The Next Step

If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.

Need Help Today?

Give us a call. (619) 234-2833

File A Claim

You’ve been hurt on the job, or maybe you just think you might have been hurt on the job.  What are you supposed to do now?  First and foremost, tell someone of authority at work right away.  This can be a foreman, a supervisor, a manager, or anyone higher up than you in the company. 

Even if you just think that you might have been injured on the job but are not sure, tell them that, but make sure you tell them.  Generally, co-workers and people below you in the company do not count for purposes of reporting an injury or possible injury.

If you fail to report your injury within 30 days of a specific injury or from when you first noticed a cumulative injury caused by your work, and your failure somehow prevents your employer from properly investigating the injury, you may be denied worker’s compensation benefits.

Don't Delay!

Another purpose of reporting an injury or a possible injury is to put your employer “on notice.”  It lets them know that you might have a worker’s compensation claim.  This is important because worker’s compensation claims are not allowed if they are filed after a layoff or termination.

If your employer just happens to lay you off or fire you before you file your claim, your worker’s compensation claim will be barred.  

There is an exception for filing a late or post-termination claim, however.  If you gave your employer notice of your injury or possible injury before you were laid off or fired, you can still file your actual claim even after the layoff or termination.

Beware, a common tactic used by employers in an attempt to avoid having to provide an injured employee with worker’s compensation benefits is to layoff the employee, claiming a sudden lack of work. 

In fact, it is unlawful for an employer to layoff or terminate an injured worker as retaliation for the filing of a worker’s compensation claim.  If this has happened to you, you may have the right to seek additional claims or penalties against your employer.

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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