Get Help On Your Workers’ Compensation Claim
We help injured workers receive all the benefits they are entitled to as a result of their work injuries. It is not your fault you were injured on the job and you have a right to be treated fairly by your employer and their insurance company. As an injured worker you are entitled to receive all of the medical treatment reasonably necessary for a full recovery. If necessary you are also entitled to future care. While you miss time from work pursuant to your doctor’s orders you are entitled to temporary disability compensation. If you receive a permanent disability rating you should be fully compensated for that as well. Last, if you are unable to return to your job you may be entitled to vocational rehabilitation. This webpage has general information about what to expect on your case.
Full Medical Care
You are entitled to seek whatever medical care is appropriate. However, the care you can receive is limited by statute and the American Academy of Occupational Medicine. Treatment request are routinely denied by the insurance carrier. We can pursue the denial in court on some cases depending on what care is being denied and the proof your treating physician provides to us. In some cases we will not offer to pursue the request based on our opinion the pursuit would be unsuccessful. Typically, we only pursue through litigation significant request such as surgery request. If there are multiple treatment denials or if Attorney feels they are too burdensome to the representation Applicant will be notified the treatment request will not be pursued and client can choose to hire other counsel or substitute into represent their self.
Temporary Disability Indemnity
As long as the treating doctor verifies, in writing, that you are totally disabled from any work, you are entitled to receive temporary disability compensation. This should last up to two years if you are unable to return to work and are not considered to be permanent and stationary. It is paid at 2/3 of your wages but with certain limits. If you are totally disabled for more than nine (9) months, you should apply for state disability and Federal Social Security Disability. Never quit your job. The insurance company may deny you temporary disability and vocational rehabilitation if you voluntarily quit your job or are fired for reasons unrelated to your injury.
Permanent Disability Indemnity
Permanent disability payments are down 70% since the workers’ compensation laws were reformed in 2004. They are based on loss of strength, loss of motion, pain, your diagnosis, age, occupation and earning capacity lost as a result of the injury. The “settlements” tend to be fairly small.
Permanent Future Medical Care
This benefit would cover a situation where continuing medical care is necessary. The evaluating doctor must indicate it is necessary.
You are entitled to be reimbursed 50.5 cents per mile for your transportation to and from the doctor’s office. Please fill out the mileage sheets and send them into the insurance carrier directly and keep records of what you send. If you do not receive your check within 30 days please contact our office for further information.
You can call the adjustor directly if your check is late just to notify them. Please keep a ledger of when you called , who you talked to , and that you informed them of not receiving your check. If you cannot work it out call our office for further assistance. Late checks are usually an administrative issue that can be taken care of with a phone call by you. If there is a legal reason for the check not being sent then notify us and we will investigate the matter.
Tips for filing workers compensation claims if you are injured on the job:
- Report the injury to the employer. If possible, report the injury in writing and keep a copy of the report for personal records.
- Complete a claim form. No matter how the employer learns of the incident, they must offer the injured party a claim form immediately. Until this claim form is completed, the employer has no obligation to provide benefits. Make sure it is filled out completely and specifically. Keep a copy of the claim. It is then the employer’s responsibility to immediately notify the worker’s compensation insurance company and get medical help.
- File your claim as soon as possible. Those seeking to claim worker’s compensation benefits should do so quickly. Immediately reporting injuries and filing a claim as soon as it is decided to seek compensation increases the likelihood that benefits will begin quickly. Delays in reporting could lead to suspicions as to the validity of the claim and delays in benefits. If a dispute should arise regarding the claim contact our office for additional information or seek help from the worker’s compensation information and assistance officer in your city. Worker’s compensation laws and benefits vary greatly by state and in some cases a delay in reporting can lead to denial of a claim in and of itself. Have you been injured on the job?
If you or a loved one has been injured at work it is important to protect your legal rights.
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Anderson & Johnson, LLP
855 Howe Avenue, Suite 6 | Sacramento, CA 95825