Wondering how to file a workers’ comp claim in Oakland? If you’ve been injured on the job, starting your Oakland workers’ compensation claim is essential to securing benefits for medical treatment and lost wages. However, many workers don’t know where to begin or how to navigate the complex process.

At Franco Muñoz Law Firm, we help injured workers across Oakland and the San Francisco Bay Area get the compensation they deserve. In this guide, we’ll walk you through how to file a workers’ comp claim in Oakland, important deadlines, and what to do if your claim is denied.

Step 1: Report Your Injury to Your Employer

California law requires that you report any work-related injury to your employer within 30 days of the incident. Failing to notify your employer on time could jeopardize your claim.

• If you were injured in a sudden accident, report it immediately.
• If you have a repetitive stress injury (e.g., carpal tunnel syndrome), report it as soon as you notice symptoms.

Your employer should provide you with a DWC-1 Claim Form within one working day of your report.

Step 2: Fill Out the Workers’ Compensation Claim Form (DWC-1)

The DWC-1 form is essential to start your claim. Here’s how to complete it:

1. Fill out the employee section with your personal information and details about your injury.
2. Return the form to your employer as soon as possible (preferably in person or via certified mail for proof of submission).
3. Request a copy of the completed form for your records.

Your employer must then submit the claim to their workers’ compensation insurance provider within one working day.

Step 3: Seek Medical Treatment

Your employer must provide medical care immediately after you report your injury, even if your claim is still under review.

• If your employer has a Medical Provider Network (MPN), you may need to see one of their approved doctors.
• If your employer does not have an MPN, you can choose your own doctor after 30 days from the date of injury.

Make sure to tell your doctor your injury is work-related, so they document it properly.

Step 4: Follow Up on Your Claim Status

California law requires that your employer’s insurance company accept or deny your claim within 90 days of filing. If they don’t respond within that time, your claim is presumed accepted.

If your claim is approved, you should start receiving:

• Medical treatment coverage
• Temporary disability benefits (if you’re unable to work)
• Permanent disability benefits (if your injury results in lasting impairment)

Step 5: What to Do If Your Claim Is Denied

Unfortunately, insurance companies often deny claims to avoid paying benefits. Common reasons for denial include:

• Lack of evidence the injury is work-related
• Missed deadlines
• Pre-existing conditions

If your claim is denied, don’t give up. You have the right to appeal by filing an Application for Adjudication of Claim with the Oakland Workers’ Compensation Appeals Board (WCAB).

Step 6: Get Legal Help from an Experienced Oakland Workers’ Comp Lawyer

Filing a workers’ compensation claim in Oakland can be complicated, especially if your employer disputes your claim. If your claim has been denied, you may need to file an appeal with the California Workers’ Compensation Appeals Board (WCAB). Understanding your rights and legal options is critical to obtaining the benefits you deserve.

If you’re unsure about the next steps, consulting an experienced attorney can make a difference. The California Workers’ Compensation Guide provides useful insights on filing claims, appealing denials, and understanding benefits. Additionally, you can find free legal resources at LawHelpCA.org, which connects injured workers with legal aid organizations.

At Franco Muñoz Law Firm, we have helped thousands of injured workers recover their rightful compensation. Call us today at (667) 350-1072 or visit our website to schedule a free consultation.

Related Articles:

• Understanding the Importance of a Workers’ Compensation Lawyer
• How to Determine the Level of Disability for a Work Injury
• Your Right to Medical Care in Workers’ Comp

Author: Steve Franco

Steve Franco is a dedicated workers’ compensation attorney and co-founder of Franco Muñoz Law Firm. With years of experience fighting for injured workers in Oakland and across California, he has helped clients recover millions in benefits. Steve is passionate about protecting workers’ rights and ensuring they receive the compensation they deserve.

The post How to File a Workers’ Comp Claim in Oakland: A Step-by-Step Guide appeared first on Workers Comp Attorney| Franco Munoz.

What is the SJDB Voucher?

The SJDB voucher is a benefit given to workers who are injured on the job and cannot return to their previous employment. It helps pay for retraining or skill enhancement, allowing the injured worker to find new employment. According to Labor Code § 4658.7(g), the voucher expires two years after it is issued. Alternatively, it expires five years after the date of injury, whichever is later.

COVID-19 and the Voucher Extension

During the COVID-19 pandemic, California faced numerous changes and disruptions, including stay-at-home orders and remote hearings for workers’ compensation cases. However, one limit that was not extended by executive order or emergency regulation was the time limit to use the SJDB voucher.

The Case of Lona v. Disneyland Resort

In the recent case Lona v. Disneyland Resort (2023), the WCAB addressed this issue. The applicant, who sustained injuries in 2013 and 2014, was given two vouchers set to expire on March 18, 2021. However, due to the COVID-19 stay-at-home order issued by Governor Gavin Newsom on March 19, 2020, the applicant argued for an extension to use her voucher.

The WCAB agreed, stating that the global pandemic and resulting stay-at-home order made it legally impossible for the applicant to use her voucher within the original time frame. The board noted that she was 72 years old and had health conditions. These conditions placed her at high risk for COVID-19, making it unsafe for her to seek in-person training.

Key Points from the WCAB’s Decision

1. Legal Impossibility: The WCAB determined that the pandemic created a situation where it was legally impossible for the applicant to use the voucher on time.
2. Health Risks: The applicant’s age and health conditions were significant factors in the decision.
3. Remote Learning Limitations: The applicant needed computer training to apply for jobs online but lacked the necessary skills to engage in remote learning during the pandemic.

As a result, the WCAB extended the applicant’s time to use the voucher by 15 months, the duration of the stay-at-home order, giving her additional time from the service of the WCAB’s decision to use the voucher.

What This Means for Injured Workers

This decision is specific to the circumstances of the applicant in the Lona case. Not all injured workers will automatically receive an extension to use their SJDB vouchers. Instead, workers seeking additional time must demonstrate that it was legally impossible for them to use the voucher during the pandemic, similar to the applicant in this case.

What Should You Do?

If you have an SJDB voucher and believe you need more time to use it due to the COVID-19 pandemic, be prepared to show:

• Why it was impossible for you to use the voucher during the stay-at-home order.
• Any health conditions or other factors that made it unsafe or impractical for you to seek training or employment.

For more information or assistance with your workers’ compensation claim, contact Franco Muñoz Law Firm today. We are here to help you navigate these complex issues and ensure you receive the benefits you deserve.

The post WCAB Extends Voucher Use Time Due to COVID-19: What You Need to Know appeared first on Workers Comp Attorney| Franco Munoz.

At Franco Muñoz Law Firm, we want to help you understand your rights as a worker. One important topic is the “exclusive remedy rule” and how it affects claims against your co-workers. Understanding the exclusive remedy rule and claims against co-workers is essential for protecting your rights.

What is the Exclusive Remedy Rule?

The exclusive remedy rule means that if you get hurt at work, you can usually only get workers’ compensation benefits. You can’t sue your employer in court for more money. This rule is found in Labor Code § 3602. The idea is that workers’ compensation is a trade-off: you get quick benefits without proving fault, and your employer gets protection from big lawsuits. Therefore, the exclusive remedy rule and claims against co-workers are closely linked under this legal framework.

How Does This Apply to Co-Workers?

Just like your employer, your co-workers are also protected by the exclusive remedy rule. This means you generally can’t sue a co-worker if they cause your injury while working. This protection is in Labor Code § 3601. But there are two exceptions:

1. If a co-worker hurts you on purpose without being provoked.
2. If a co-worker causes your injury because they are drunk or on drugs.

Why is This Rule Important?

The rule stops employees from suing each other for work-related injuries, which could then lead to lawsuits against the employer. The California Supreme Court explained this in a case called Torres v. Parkhouse Tire Service, Inc. (2001). In many cases, exclusive remedy rule and claims against co-workers are meant to prevent unnecessary litigation.

Recent Case: Vann v. City and County of San Francisco

In a recent case, Vann v. City and County of San Francisco (2023), the court looked at who counts as a co-worker. Vann, a firefighter, got hurt when a bus driver for the San Francisco Municipal Transportation Agency (SFMTA) drove over a fire hose, causing it to hit Vann. Vann tried to sue the bus driver and the City for negligence.

The court decided that Vann couldn’t sue because:

• The firefighter and the bus driver both worked for the City, even though they were in different departments.
• Workers’ compensation was the only way Vann could get benefits for his injury.

What Does This Mean for You?

This case shows that even if you and a co-worker don’t share the same boss or work in the same place, if you work for the same employer, you are considered co-workers. This means the exclusive remedy rule protects your co-worker and employer from being sued in civil court for work-related injuries. As a result, exclusive remedy rule and claims against co-workers come into play whenever both people are employed by the same company.

What Should You Do if You Get Hurt at Work?

If you get hurt at work, remember:

• You can get workers’ compensation benefits, which cover medical bills and lost wages.
• You usually can’t sue your employer or co-workers for more money.
• There are exceptions if your co-worker hurt you on purpose or was intoxicated.

Understanding these rules can help ensure you get the benefits you need without confusion. If you have any questions about your workers’ compensation claim or about how the exclusive remedy rule and claims against co-workers might affect your situation, contact Franco Muñoz Law Firm today for a free consultation.

The post Understanding the Exclusive Remedy Rule and Claims Against Co-Workers appeared first on Workers Comp Attorney| Franco Munoz.

So what exactly is a deposition?

A deposition is simply a tool used by insurance carriers to obtain relevant information about your case.  The main purpose of a deposition is for a defense attorney to ask you questions about things related to your injury.  For example, they will ask you questions about any prior injuries that you’ve had on the job or off the job; they will want to know about places where you’ve gone to obtain medical treatment for your injuries in the past; they will ask you about your current symptoms and how your present workers’ compensation injury impacts your ability to do your regular activities such as household chores, cooking, taking walks, etc.  

So how does a deposition actually take place? 

Basically, you will arrive to our office an hour before your deposition and you’ll meet with one of our lawyers.  We’ll spend an hour preparing you for the deposition and we’ll go over what to expect, the questions you may be asked by the defense attorney, and go over some of the ground rules.  After we adequately prepare you, the court reporter will come into the room and so will the defense attorney.  You’ll then be sworn-in as a witness and the defense attorney will start to ask you questions.  The court reporter will type every question and answer and will put it in a booklet.  Meanwhile, your Franco Munoz law firm attorney will be by your side the entire deposition making sure that the defense attorney is asking appropriate questions. If your attorney does not like the question being asked then they can make an objection to the question.  Be assured that your Franco Munoz workers’ compensation attorney will be overseeing the questions asked by the insurance company’s lawyer. 

Remember, the testimony that you provide in a deposition will have the same effect as if you’re in a court of law.  So it will be very important that you pay attention to the questions being asked of you.  It will be important for you to try to give your best answer but you should avoid any guessing or speculating.  The defense attorney is entitled to your best estimate so it will be good for you to recall any relevant dates, names of doctors, names of hospitals, and prior incidents that may be asked. 

Also, throughout the deposition if you ever need a moment to take a break because you feel pain or you need to use the restroom, feel free to tell your lawyer and we’ll request for a break. Generally speaking, after an hour, either the defense attorney, court reporter, or your lawyer will ask for a restroom break.  But it’s important to know that a deposition is not a race and not meant for you to answer questions while under pressure or physical pain so if you ever need to take a break during a deposition just tell your lawyer. 

On average, most depositions last about 2-3 hours but depending on the facts particular to your case, a deposition can be done over 2-3 days if it’s necessary. 

Finally, we get asked often.  Do you have any advice for the deposition, attorney? 

And our best advice is for you to LISTEN to the question being asked and to ONLY answer the question being asked (unless your attorney instructs you to not to answer).  In addition, we advise you to tell the truth and nothing but the truth.  If you follow these two general pieces of advice, you’ll have a successful deposition.  I agree that it’s very simple advice but something we constantly tell our clients so as long as you remember these two principles, you’ll do fine.  

If you have any questions about your deposition or wish to discuss your case with one of our workers’ compensation lawyers, feel free to give us a call at (667) 350-1072.  Our Oakland-based workers’ compensation attorneys have handled cases throughout the Bay Area – everywhere from San Jose, San Francisco, Oakland, Daly City, Hayward, Concord and throughout the region.  Do not hesitate to call us and we’ll happily provide a free consultation! 

The post What is a deposition in my workers’ comp case? appeared first on Workers Comp Attorney| Franco Munoz.

By Steve Franco

Senator Nancy Skinner who represents Senate District 9 provided us with very helpful information to help people with financial resources that have been impacted by the corona virus. Below you’ll find financial resources for Californians impacted by corona virus to assist those who need support during this challenging time.

Here’s a recap of the information relayed during the Town Hall, along with additional information about vital services that are available.

Tax deadlines: Both the state of California and the IRS have extended tax filing deadlines until July 15. However, if you are eligible for the federal EITC or Cal EITC and California’s child tax credit, filing your taxes before July 15 will help you get the benefit right away.

Property taxes: Contra Costa County and Alameda County tax assessors are working to waive late fees and penalties for those taxpayers facing economic hardship. Property tax revenue is very important to our counties to deliver services so if you’re able, please pay by April 10. If facing a hardship, go to your county tax assessor’s website for info on late fees/penalty waivers.

Federal stimulus package: The federal stimulus package, which is expected to be signed into law on March 27, includes a one-time payment of $1,200 to individuals who file a 2018 or 2019 return and earn an income of up to $75,000, or $2,400 payment for couples filing jointly with joint income of up to $150,000. In addition, those qualifying individuals or couples will also receive $500 per child. If your income as an individual is above $75,000 but below $99,000, or as a couple filing jointly above $150,000 but below $198,000, the amount of your check will be lower. Check federal websites for specifics.

Unemployment insurance: If you’ve lost your job or had your hours cut as a result of the crisis, apply online for unemployment insurance at EDD.ca.gov. Check here for eligibility.

The federal bill provides an extra $600 per week for up to four months for those receiving unemployment benefits. Under California law, many individuals, like Uber and Lyft drivers, who were treated by their employer as a 1099 or contract worker, are eligible for unemployment insurance, including the additional $600 federal payment because California law has reclassified many of these workers, even if the company that pays the worker has not done so yet. Legal Aid at Work provides details on this and more.

Disability insurance benefits (SDI): If you receive a W-2 from your employer, in most cases you have paid into the State Disability Insurance program (SDI). This program will provide disability insurance payments for those unable to work for more than eight days due to illness (such as COVID) or injury unrelated to your job. Check the Legal Aid at Work website for more information.

Paid family leave: Paid Family Leave provides benefits to Californians who need to take time off work to care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. Click here for more information.

Mortgages and foreclosures: Gov. Newsom announced that most major banks have agreed to allow residential property owners impacted by the crisis to miss mortgage payments for 90 days. In addition, the federal government suspended foreclosures and evictions to homeowners whose mortgage is guaranteed by Fannie Mae or Freddie Mac or is backed by the FHA or HUD. See HUD PDF for info on federal program: foreclosure and eviction moratorium. Updates will be posted here.

Tenant evictions: Both Alameda County and Contra Costa County sheriffs’ offices have halted eviction proceedings during the crisis. In addition, some local cities, including Albany, Berkeley, and Emeryville, have enacted ordinances temporarily barring evictions and in some cases rent increases for renters and small businesses impacted by the crisis. Check each city’s website to see what measures they’ve put in place

Small business help: The U.S. Small Business Administration (SBA) is offering low-interest, long-term federal disaster loans to California small businesses, rental property owners, and private nonprofit organizations with no payments required for the first 12 months. Applicants may apply online.

Energy and Communications: PG&E and our local Community Choice energy providers have suspended shutoffs during the crisis. Also, most cellphone carriers and internet providers have signed the Federal Communications Commission (FCC) pledge to provide certain benefits during the COVID-19 emergency. The pledge requires companies to keep providing service to people unable to pay their bills due to the COVID-19 pandemic, waiving certain fees, and easing data restrictions to allow consumers to freely use data during the emergency. Find out here if your company signed.

Student Loans: As of March 20, 2020, the federal government has temporarily suspended the interest it collects on student loans, and federal lenders are letting borrowers suspend their student loans and loan payments without penalty for the next 60 days.

Parking enforcement: Many cities in our area have suspended parking enforcement. Go to your city’s website to see what your city has done on parking enforcement, extending business license deadlines, and more.

Relief Funds: Oakland and Berkeley have established relief funds for those impacted by the crisis. To find out what the funds support, and how you can contribute, go to https://www.oaklandfund.org/ and https://berkeleyrelieffund.org/

Medi-Cal/CalWORKs recipients: Gov. Newsom waived the 90-day annual redetermination reviews for Californians enrolled in Medi-Cal and CalWORKs. So, if you are currently enrolled in Medi-Cal or CalWORKs, rest assured your benefits will continue through June 16. If your Medi-Cal benefits were already terminated, you have to reapply.

New Medi-Cal applicants: The state has expedited Medi-Cal for new applicants, waiving certain paperwork requirements including citizenship docs. Homeless individuals just need to state on application that they are homeless and will be expedited. All applications can be done through the Covered California website.

CalFresh: If you qualify for and need CalFresh food assistance benefits (the state’s food stamp program), applications can be done online, at GetCalFresh.org. If you are already receiving CalFresh, you will keep your coverage through May and won’t need to be recertified.

Immigration rights: If you’re impacted by the crisis due to your immigration status, please see the Legal Aid at Work website for more information on how to get help.

Please stay safe and practice the good direction from our public health experts to maintain 6-feet of distance when you are out for shopping or other legitimate needs.

The post Top Financial Resources For Californians Affected By COVID-19 virus appeared first on Workers Comp Attorney| Franco Munoz.