We chose to practice workers' compensation law because we know there are many people who are at the mercy of angry employers and large, uncaring insurance companies. The workers' compensation system is not a very charitable one and many injured workers find out quickly that the system won't always protect them unless they have an attorney.
Our pact with all of our workers' compensation clients is to protect and defend their rights to the fullest and to obtain the benefits they are due at the earliest possible time.
Q? Can I count on my employer following the rules when I report a claim to him or her?
Many employers do not know or even understand their duties under the Labor Code or are fearful that if you make a claim, it will hurt them somehow.
After you have informed your employer that you have a work related injury, he or she is required by law to provide you with a claim form so you can report your injury to your employer's insurance company. Your employer must provide you with immediate medical care if necessary, as well as a copy of the claim form with the portion about the employer's workers' compensation insurance carrier filled out. If you are treated any differently than we have explained here, please call our office for a free consultation. We will advise you of your legal rights.
Q? I have heard or read that the workers' compensation system is concerned about the number of fraudulent claims which are filed every year. Is this true?.
While there are some people who take advantage of the system and to try to get something for nothing, the situation is not as bad as the news media and politicians would have you believe.
If you are concerned about being accused of making a false claim for workers' compensation benefits, please contact our office for a free consultation.
Workers' Compensation claims can be very complicated and confusing, both for injured workers and employers. An UNINFORMED injured worker can make disastrous mistakes. Please see us before you make ANY decisions about your workers compensation claim.
Q? My employer has told me that they have a right to pick the doctor I must use if I injure myself and that I have no say in the matter. Is this true?
Maybe. However, this can be a right your employer has only for a limited period or, in some cases, not at all! There are many ways you can retain the right to select the doctor who will treat you for your industrial injury.
Contact our office for a free consultation. We can analyze the facts of your case and determine if you have the right to direct your own medical treatment. We can often find a way.
Q? My employer's insurance company sent me a letter advising me that they are going to delay my case for 90 days! Can they do this? How am I supposed to support my family?
While an insurance company has a legal right to investigate every claim it receives, they MUST comply with many Labor and Insurance Code rules and regulations. If you think that you have been treated unfairly by an insurance company, or have received a denial of your claim, contact our office. We can give you answers to your questions...many times without the need to make an appointment.
Q? My doctor has told me that the insurance company will not authorize some medical treatment I need. What can I do?
Insurance companies often delay cases which shouldn't be delayed. If you are in need of physical therapy, medications or even surgery, and the insurance company will not authorize it, it may be possible to file for an expedited hearing before the Workers' Compensation Appeals Board.
Q? OK you convinced me that I might need an attorney. How much is it going to cost me?
Attorney fees in most workers' compensation cases are limited to 12% of the amount the attorney obtains for you in either a settlement or by an award from the judge, if the matter goes to trial. In some cases of unusual complexity, the attorney may petition the Judge for fees of 15%, but this increase is rare. If the employer has discriminated against an injured worker, or deliberately injured him, other contracts can be entered into between you and the attorney which can raise the fee.
In ALL cases, however, the fees are always contracted for on a "contingency" basis which means "no recovery, no fee". It is unlawful as well as unethical for any attorney to ask you to pay a fee in advance or to pay for any costs. In some cases, it may even be possible to make your employer responsible to pay the attorney fee.
Q? What specific advice do you have which can help me in my case?
We always advise our clients to do the following:
1. Always pre-designate the physician you want to treat you in case you are injured on the job. Put the request in writing and keep a copy for your files. (See sample form on this site to use for this purpose.)
2. Never give a recorded statement or allow yourself to be "interviewed" by anyone from an insurance company without counsel. You have a legal right to have your attorney present at any questioning and to have the insurance company pay the attorney's fee for being there.
3. ALWAYS keep every piece of correspondence the insurance company or your employer sends you, INCLUDING the envelope it came in.
4. Contact our office IMMEDIATELY if any of the following events occur:
5. Always follow your doctor's advice and request that the doctor send you a copy of everything he or she sends to the insurance company.
6. Keep a record of all mileage you drive for medical purposes. The insurance company must pay you .31 a mile for all round trip mileage for medical visits.
7. Be skeptical if the insurance company makes you a quick offer.
8. Be VERY AWARE that there are certain deadlines in every workers' compensation case which, if missed, could close your claim and cause you to receive NOTHING for your injury.
9. If the insurance company sends you to a physician for an evaluation, keep your parking receipt which shows the time in and out.
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