Workers Comp Lawyer For Injured Workers and Their Family
Injured workers trust us because we care about them. We get the best doctors and biggest settlements after a work accident.
What Does a Workmans Comp Lawyer Do?
Experienced Lawyers Help Injured Workers Get Treatment and Money Through the Workers Compensation Process.
A good workers comp lawyer will help injured workers obtain all the benefits the insurance company doesn't want to pay for. The most important thing is finding a good doctor.
All work comp benefits have to come from a doctor, so insurance companies will trap injured workers with their doctors at places like Concentra or Healthpointe, where they have control over the doctors.
Fortunately, every injured worker has the right to switch doctors to get better medical care and greater access to benefits - like getting paid to stay home and recover from an injury.
It is hard to switch doctors. We usually have to go to court to get doctors switched, but it can be done. Read about how to switch doctors in work comp.
How Does the Work Comp Process Work?
If a worker is injured the employer should turn over handling of the claim to their insurance company. Labor Code Section 5401
Unfortunately, many times an employer does not want their insurance to know about the injury and they don't provide an injured worker with a claim form or send them to a doctor.
In that case a workers compensation lawyer will start the claim by filling out the claim form and sending it to the insurance company.
Once the claim is started the insurance is responsible for providing medical treatment, which includes anything reasonable to cure or relieve symptoms of a work injury. If the doctor says a worker is unable to work because of a work injury, then the insurance company has to pay lost wages.
However, they only have to provide treatment and money if the injury is caused by work, and the insurance does get time to investigate the claim to see if it was caused by work. They have 90 days to investigate, and that delay can be very difficult for an injured worker in need of financial assistance. (more about the 'Delay Process' below)
Within 90 days, the insurance should either accept or deny the claim. The difference between an accepted case and a denied case is very important.
Assuming a claim is accepted, there are a number of work comp benefits available, but they must be set up and recommended through a doctor in their network, and it must be done according to legal requirements. A knowledgeable work comp doctor that cares more about injured workers than the insurance company is so important.
DENIED CLAIM
If the claim is denied the insurance company won't provide any benefits, no doctors, no money, and it will be necessary to fight for everything.
This sounds really bad but a good work comp lawyer doesn't mind and it is actually better than being on delay. Read our blog below about Denied Cases.
The 90-day delay process can create major problems for injured workers that are stuck on delay. The insurance company should provide medical treatment while making the decision, but they will keep workers with their doctors that are not very helpful. If they are delaying the case, the insurance company should send a delay letter. If you received a Delay Letter, you can read more about the delay process.
Even if the insurance company accepts the claim and admits they have to provide benefits, they have a number of tactics to limit those benefits so they can save money. It is important to know that pursuant to the Labor Code, a worker has the right to anything necessary to "cure or relieve" the effects of a work injury. This includes many kinds of benefits.
Here are a few common benefits available to injured workers:
- - time off of work
- - money to replace wages
- - lighter work duties
- - free medical care
- - reimbursement for out-of-pocket expenses
- - massage treatment
- - chiropractic treatment
- - Orthopedic treatment
- - surgery
- - physical therapy
- - acupuncture
- - paid mileage for travel to appointments
- - braces
- - in home care
- - money for skills training
- - computers
- - money for damage done to the body
Can I get paid for your mileage? If you have a claim now and have been driving to your appointments, you can get 67 cents per mile to help pay the cost of driving to your medical appointments. Injured workers need to fill out the proper form. You can get the form here: https://www.dir.ca.gov/dwc/forms-mileage.html
Can I Get a Second Opinion in Work Comp? | What is a Panel Qualified Medical Evaluator in Workers Compensation and Why do I Have to See a PQME?
Workmans comp places workers and insurance companies against each other. Workers want to get the best medical treatment possible, and they want the insurance companies to pay for it. Injured workers want as much money as possible to get compensation for the damage to their body. The insurance wants to pay as little as possible.
Insurance companies love to say that doctors are asking for permission to perform treatment that isn't needed because they just want to get paid for doing something unnecessary. Insurance always thinks that an injury is either not that bad or is even made up. A Qualified Medical Evaluator will settle all those disputes.
A QME is not necessary, both sides could agree to have a treating doctor provide all the legal answers, but there are very strict requirements for using reports as evidence in court and the two sides can fight over the reporting so that usually happens, and the QME will typically carry more weight in court than a treating doctor. So just about every case in work comp goes to a QME.
Workers Compensation Benefits and Money
There are two basic types of workmans comp benefits available to injured workers, money and medical treatment. There are different types of payments that are made in workers compensation, but the two main types of payments are Temporary Disability benefits and Permanent Disability benefits. We will explain each below.
Temporary Disability benefits are meant to replace wages while an injured worker is recovering from an injury or surgery. These benefits are paid at 66% percent of gross wages. Taxes are not taken out so it should come close to replacing wages a worker would receive on a regular paycheck.
Permanent Disability benefits are paid by the workers compensation insurance company depending on how much damage is done to the body. This won't be known until the injured workers has recovered from the injury and then the level of money owed can be calculated.
For a more about workmans comp read here: https://www.dir.ca.gov/dwc/injuredWorker.htm
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Call To Find Out How We Can Help You With Your Workers Compensation Claim
At Workers Comp Lawyer, Professional Corporation, we only get paid if we get our clients a settlement. We are paid 15% of the final settlement. We always increase the settlement amount because we know how the insurance companies hide money and benefits from injured workers.
At Workers Comp Lawyer, Professional Corporation, we have the experience and knowledge to beat the insurance companies and get the most workmans comp benefits possible for our clients.
We are located in Bellflower and know the doctors around Norwalk, Cerritos, Long Beach and Paramount areas. Call Workers Comp Lawyer today and find out how we can help. (562) 850-1818