Injured? Get Help Now

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Below are answers to some common questions injured workers often ask. If you have other questions, feel free to reach out to us – we offer a free consultation to address your specific concerns.

Q: How much does it cost to hire a workers’ compensation lawyer?

A: Hiring us won’t cost you anything upfront. We work on a contingency fee basis, which means our fee is a percentage of the recovery we obtain for you. If we don’t win benefits or a settlement for you, you pay nothing. The initial consultation is free, and we advance all the costs of handling your case. Our fee comes out of the compensation we recover after we win – not from your pocket. This arrangement allows injured workers, regardless of financial situation, to have top-notch legal representation(In summary, you can afford a lawyer – you can’t afford not to have one, because going it alone could cost you far more in lost benefits.

Q: How long do I have to file a workers’ compensation claim?

A: Under California law, you should report your injury to your employer within 30 days of the incident (or of discovering a work-related illness) (DWC - I was injured at work). Failing to report within 30 days can jeopardize your claim, because the insurance can argue they weren’t given timely notice. After reporting, you technically have one year from the date of injury to file an official workers’ compensation claim (by submitting the DWC-1 claim form)  If it’s an occupational disease or cumulative trauma injury, the one-year clock may start when you realized (or should have realized) the condition was work-related.

That said, don’t wait. It’s best to start the process immediately. There are also some special extension rules in certain cases (for example, if your employer misled you or didn’t inform you of your rights, or for minors or mentally incapacitated workers), but those are exceptions. To be safe: report the injury right away and consult with an attorney. We will ensure all deadlines are met and paperwork is filed correctly. If you’re worried you missed the deadline, talk to us – depending on circumstances, you may still have options, especially for ongoing exposure injuries or if the employer failed to properly advise you of your workers’ comp rights.

Q: What if my workers’ comp claim is denied?

A: Don’t panic. It’s frustrating to get a denial letter, but a denied claim can be appealed and often won. There are many reasons an insurer might deny a claim – some are just tactics to save money, hoping you won’t fight back. Common reasons include: questioning whether the injury is work-related, alleging you didn’t notify your employer in time, disputing the severity of your injury, or claiming no medical evidence of a serious injury. You have the right to challenge this denial through the Workers’ Compensation Appeals Board process. We fight to overturn aggressively utilizing every 

Q: Will I get my full wages if I’m off work on workers’ comp?
A: Workers’ comp pays you temporary disability benefits when you’re unable to work, but it will not be your full wage. By law, temporary disability (TD) is generally two-thirds of your average pre-tax gross wages (up to a maximum cap that the state sets each year. For example, if you earned $900 per week, your TD might be around $600 per week (because that’s two-thirds of $900). There is also a minimum payment for very low-wage workers (so you’d get at least a certain amount). California also has a maximum weekly amount – high earners will be capped at that max. As of 2025, the maximum weekly TD is around $1,680, no matter how much more you earned

Although you will not be taking home 100% of your pre-injury paycheck, temporary disability benefits are not taxable, which helps a bit. These payments continue until one of a few things happens: either you return to work, a doctor says you’ve reached maximum improvement, or you hit the 104-week limit (in most cases) for temporary payments. If you can work with restrictions and your employer offers you modified duty at a lower pay, you might get partial disability payments to make up some of the difference. We know it’s tough to get by on 2/3 of your wage – one of our goals is to move your case forward efficiently so you can either get back to work or receive a settlement to help your finances. We also check the insurance company’s math: they must calculate your average wage correctly (including overtime, bonuses, second jobs if applicable, etc.). If they underpay you, we push back to get it corrected.

Q: Can my employer fire me for filing a workers’ comp claim?
A: No – that is illegal. California Labor Code §132a specifically makes it unlawful for an employer to fire, threaten to fire, discriminate or retaliate against you because you filed (or even planned to file) a workers’ compensation claim. In plain language: your employer cannot punish you for getting hurt at work or for seeking benefits. This is a very important protection. Unfortunately, some unscrupulous employers still try to intimidate injured workers or even terminate them, citing other reasons. If you suspect retaliation, contact us immediately.

We will aggressively protect your rights. There are legal penalties we can pursue against the employer for a §132a violation – including reinstatement to your job, back pay, and increased compensation for you as a penalty to the employer. Additionally, if you’re fired while you have work restrictions, it might open up a separate wrongful termination or disability discrimination claim under employment laws. Our firm handles employment law issues (see Employment Law Overview), so we can advise on those aspects too. The key point: you should never be afraid to file a workers’ comp claim due to job security. The law is on your side and we will enforce it if your employer retaliates in any way.

Q: Do I qualify for workers’ comp benefits if I’m not a U.S. citizen or I’m undocumented?
A: Yes. All workers in California are generally covered by workers’ compensation, regardless of immigration status). You do not have to be a legal U.S. resident to receive medical care and compensation for a work injury. State law explicitly prohibits denial of benefits on the basis of citizenship or immigration status. Our firm has represented many undocumented or non-citizen workers – we make sure that their status is kept completely confidential and irrelevant to the case. 

You have the same rights to workers’ comp as any other employee. Also, your employer cannot threaten to call immigration or take action against you for pursuing a claim – that would be a severe form of retaliation and illegal. If you’re undocumented and got hurt on the job, you can feel safe seeking our help. Our priority is your health and getting you benefits, not your immigration status.  

For any on the job accident contact Lee Partners Law: Injury Attorneys right away for a free consultation to have us immediately get working on protecting your rights.'

Q: What Areas does Lee Partners Service?

A:  Lee Partners Law serve all of Southern California Including, but not limited to Los Angeles, Riverside, Ontario, Ventura, Inland Empire, San Diego, and Long Beach.

CALL TODAY FREE CONSULTATION (310)-295-0822