What should you do this week?

If you are reading this because a spouse, parent, or adult child was badly hurt on the job, start by writing down the date of injury, the employer's name, and the insurance company handling the claim. Request copies of all medical records from every treating doctor, including the Qualified Medical Evaluator (QME) if one has been assigned. Do not sign any settlement document, Compromise and Release, or Stipulation with Request for Award until someone who is not working for the insurance company has reviewed it with you. California law gives you time to think this through; you do not have to decide anything on the spot, and no adjuster should pressure you into signing paperwork in the first weeks after a catastrophic injury.

Also confirm that a claim form (DWC 1) was filed with the employer within 30 days of the injury, as required under Labor Code section 5400. If that deadline was missed, it does not automatically end the claim, but it is a detail a lawyer needs to know right away.

Do you legally need a certified specialist?

No. California law does not require an injured worker to hire a State Bar Certified Specialist in Workers' Compensation Law to file or pursue a claim. Any licensed California attorney, or even the worker alone, can handle a case before the Workers' Compensation Appeals Board (WCAB). There is no statute that conditions your benefits on the credentials of your lawyer.

That said, "allowed" and "wise" are different questions. A catastrophic case, meaning one involving spinal cord injury, traumatic brain injury, amputation, severe burns, or a death claim, tends to involve more moving parts: lifetime medical care under Labor Code section 4600, permanent disability ratings under section 4660, possible life pension or Subsequent Injuries Benefits Trust Fund claims, and sometimes a separate third-party civil case against someone other than the employer. These areas reward deep, specific experience, which is exactly what the Board of Legal Specialization, State Bar of California, tests before certifying an attorney in this field.

This article is general information about California workers' compensation, not legal advice about your situation. Every case is different.

Yazdchi Law, P.C. — Eman Yazdchi, responsible attorney. Office: Palmdale, California. Attorney advertising.