Protecting The Rights Of Today's Workers

Our experienced workplace attorneys protect your rights, health and the benefits you deserve.
Name: Law Office of Michael K Wax, APC
Address: 5333 Mission Center Rd Ste 350
San Diego, CA 92108-1351

About Us

Since 1987, Law Office of Michael K Wax, APC has taken great pride in helping our clients use the law effectively to respond to tragedy or trouble. We represent employees in all industries, and at all employment levels against any company, large or small. Our firm’s experienced attorneys and loyal, reliable staff are devoted to helping our clients achieve the very best results.

Our Practice Area

Workers' Compensation Law

As part of our firm’s longstanding commitment to the working people of San Diego County, we have attorneys who specialize in the practice of Workers’ Compensation law and a dedicated staff who assist them in their efforts on behalf of injured workers.

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On-the-job injury claims must be timely reported and filed with the Workers’ Compensation Appeals Board (WCAB) in the appropriate County in California. Generally, a claim must be filed within one year from the date of the injury or within one year from the date of the last payment of Workers’ Compensation benefits for the injury, whichever of these two events occurred last — but, in any case, must be filed no more than five years from the date of the injury. If an employer accepted an injury as work-related and settled it using the legal device known as a “Stipulation and Award,” then the injured worker has five (5) years from the date of the injury to file a Petition to Reopen with the WCAB in his or her County in order to obtain further benefits for the injury.
Making a full recovery from a workplace injury is the most important objective and getting quality medical care can make a difference in achieving this objective. The employer/insurance carrier is obligated to provide you with a doctor within 72 hours of your report of injury and your request to see a physician. The employer may require you to be treated within their Medical Provider Network (which is a group of doctors that are in the employ of the employer/insurance carrier). It is important to know who those physicians are and whether or not they can provide the care you need. If a full recovery cannot be achieved, the physician who treats your injury will have considerable power to affect each of your five basic rights — favorably or unfavorably. Not all medical providers are created “equal” — not with regard to their skills and abilities as treating doctors or surgeons and not with regard to their thoroughness and accuracy in assessing the long-term consequences of an injury and the level of likely disability. Having a skilled medical provider — who is fair and objective — may make the difference in how well you “recover,” not only from the injury itself but under the Workers’ Compensation system as well.
If you do not retain an attorney soon after your injury occurs, at least take advantage of the opportunity to have a free consultation with one of our firm’s Workers’ Compensation experts before your treating doctor releases you from care. Once you are released and you have reached, “Maximum Medical Improvement,” your injury will be rated and this rating determines the amount of permanent disability compensation you are entitled to. This is determined by the use of the AMA Guides, which does not take into account your work or ability to work in determining your impairment; rather it is supposedly based on objective factors, such as measurements as well as how your injury affects your, “activities of daily living.” Establishing the permanent disability rating for your injury is a critical event in your case and you deserve sound legal advice before this happens.

Special penalties apply when an injury results from an employer’s serious and willful misconduct.

An employer also may not discharge or discriminate against an employee who is injured on the job because he or she filed a Workers’ Compensation claim, received a rating, award or settlement of a claim, or testified in another employee’s case. An employer who does so commits a misdemeanor entitling the employee to reinstatement, back pay, and half of the Workers’ Compensation benefits to which he/she is entitled up to $10,000.

When an employer discharges or discriminates against an employee based on his/her work-related injury (regardless of his/her participation in claim proceedings), a civil damage remedy under California’s Fair Employment and Housing Act may also be available. See Disability/Pregnancy Discrimination..

We handle Workers’ Compensation cases on a contingency fee basis — meaning that an injured worker does not pay any attorney’s fees unless there is a recovery of money. A judge must approve any attorney’s fees to be paid to the attorney for the injured worker and these attorney’s fee awards are a percentage of the permanent disability recovery or of weekly benefits paid during the injured worker’s participation in vocational rehabilitation services, usually ranging from 12% to 15%.

Consultations, however, are free until a representation agreement is made and a fee Disclosure Statement is reviewed explained and signed by the injured worker. Take advantage of the opportunity for a free consultation to make sure you know your rights and get the benefits you deserve and have earned as a California worker..