Workers Compensation Lawyers

You may be able to receive Social Security Disability Insurance benefits in addition to workers compensation benefits However, both benefits may be reduced. Generally, there is no California State Disability Insurance for Work related injuries.

The major type of workers compensation benefit in California are medical treatment and disability payments. Medical treatment benefits should cover the full cost of doctor’s bills and related medical expenses for the duration of your injury or disability. Disability payments equal roughly two-thirds of your regular wages while you are temporarily disabled from working, for as long as two years. If your disability is permanent, you’ll receive a disability rating and permanent disability benefits based on that rating.

Benefits are also available for job retraining if you are unable to return to the same type of work. A surviving spouse or other family members are also entitled to death benefits in the case of a fatal workplace accident or illness.

A workers compensation attorney from SoCal Workers Comp Cost nothing up front. Your attorney agrees to work on a contingency fee basis which is a percentage of the final settlement or award. The Contingency fee also means you pay nothing if your attorney does not win your case.

Many employers do not realize that it is against California law to discriminate against an injured worker.

Labor Code Section 132a states in relevant part:

“Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation…”

The penalties to an employer can be severe if the employer has been found to be in violation of this section including being found guilty of a misdemeanor, held to pay a penalty of up to $10,000 dollars, reinstatement of the employee and reimbursement for lost wages and work benefits caused by the acts of the employer.

In addition to the above, the employer may also be in violation of other State and Federal Laws by violation of the Americans with Disability Act (ADA) and Fair Employment and Housing Act (FEHA).

The fact is, there are MANY laws that protect workers from being fired or discriminated against due to a work injury, or other disabilities, work related or not.

Don’t be afraid! Find out your rights confidentially by contacting us at 800-541-3244.

The consultation is always free.

First, it’s important to appreciate that there are two basic types of injury.

Most employers (and claims adjusters) understand that when a specific injury occurs – for example, a sudden event like a fall, or a lifting injury – that workers compensation treatment and wage replacement benefits should begin immediately.

However, employers (and claims adjusters) often ignore injuries that grow worse over time, often referred to as cumulative trauma claims. These types of injuries may begin as a mere annoyance – like aching knees, sore back, or persistent cough while working with chemicals – but with repetitive work activities, they may grow worse over time.

Second, California law stated you are entitled to IMMEDIATE written notice of your workers compensation rights, how to obtain prompt and effective treatment, and the wage replacement benefits that you may be entitled to.

Third, no matter how the work injury or condition occurred, the employer ( and the claims adjuster ) MUST promptly provide medical treatment. In fact, the law states that in most circumstances, medical treatment must be provided within ONE DAY of the injury, and in even sooner depending in the nature of the injury.

Finally, the doctor or medical facility MUST provide effective treatment and thoroughly record ALL injuries, not just the injuries the claims adjuster approves of. For example, sending you to a general practitioner for a serious head injury or surgical condition is not appropriate, nor is it acceptable for the doctor to only treat one part of the body, and ignore the rest of the injuries.

This is only general information. There could be many legal consequences for the employer if they do not comply with the law, including permitting you to select your own doctor to treat the work injuries.

California Workers Compensation is all we do. If you are facing challenges in your claim, and you wonder if you are getting the whole story, contact us at 800-541-3244 for a free review of your case at our Orange County location.

In 2004, the California Legislature passed a law that allows your employer or its insurance carrier to deny medical treatment that it does not think is necessary. The system created is called Utilization Review (“UR”). This system allows your employer to deny treatment that your doctor recommends. Even if your employer sent you to a doctor after a job-related injury, it can deny treatment recommended by that doctor.

Temporary disability ends either when you are released to return to work or when you are found to have reached maximum medical improvement (“MMI”), which means you have healed up about as much as you are going to. At that point, you may be entitled to permanent disability if you are not 100% better after you have reached MMI. It may also end if your employer has modified duty available to you.

As with temporary disability, there are two types of permanent disability. One is permanent total disability (“PTD”). This is very rare and is paid to injured workers that can never compete for any job in the future. This person is determined to be totally unable to work. More common is permanent partial disability (“PPD”). This is paid to injured workers that can work, but still have some residual effects from their injury.

First, a doctor evaluates you to determine whether you have completely healed from your injury. If you have not completely healed, your doctor will state what physical impairment you have and phrase that as a percentage, between 0 and 100% whole person impairment (“WPI”). Then, a schedule that is issued by the State of California is used to determine a permanent disability rating. This rating is again, phrased as a percentage, between 0 and 100%. Once the number is determined, another chart is used to tell you how much money you will receive for the residual effects of your injury.