Common Workers Compensation Claims:
Workers’ Compensation
WHY IS HIRING AN EXPERIENCED ATTORNEY IMPORTANT?
Accidents and injuries while working can occur at any time and many times when you least expect them to occur. If you or a loved one suffer an injury or develop illness due to your occupational duties over time, it can be a life altering experience. You may lose time from work, face lost wages, require medical attention you can’t afford, and your injuries may result in permanent disabilities which limit your ability to perform day to day activities, and even your work functions.
California’s Workers’ Compensation system has become increasingly complex comprised of many rules and regulations which the average person, and even the average attorney, will not have the knowledge and experience to competently navigate. Securing the experience of an attorney that is specialized in this area of law is vital to the proper handling of your claim and maximizing the benefits you are entitled to.
At Dixon Law, we are certified specialists in the handling of work injury cases. Every day is devoted to advocating for injured workers. We battle the insurance industry and strive to make sure they properly administer the benefits you are entitled to. Attorney Justin P. Dixon and his team of legal professionals understand that a work injury can leave you (and your family) feeling uncertain, and we are here to make an overwhelming process easier.
WHAT TYPES OF INJURIES ARE COVERED BY WORKERS’ COMPENSATION?
Injuries that arise from specific incidents/accidents such as a slip and fall while on the clock, an auto accident while working, or a construction site fall are viable claims. Additionally, medical conditions or occupational diseases which develop over time due to working conditions are equally viable. For example, you develop a herniated disc in your back due to the repetitive heavy lifting requirements of your job, your daily use of hand tools or machinery results in a carpal tunnel syndrome condition, cumulative stress from your work results in a depression, or breathing in toxins cause you to develop asthma or lung cancer.
Whether a specific incident/accident or an injury which develops over time, filing a claim for workers’ compensation benefits is many times your only option.
WHAT TO DO IF YOU SUFFER AN INJURY ON THE JOB?
If you believe you have suffered an injury which is caused by a specific workplace event or develop a medical condition you believe is caused by a working condition, you should report your injury to someone in supervision or management immediately and request they refer you for medical treatment.
Within one business day of reporting the injury to your employer they are required by law to provide you with a claim form (DWC-1) to complete and file so that a claim may then be opened with their workers’ compensation insurance carrier or claims administrator. The employer must then refer you for medical treatment within one business day after the claim form is filed. The claim will then be placed under investigation to assess whether it will be accepted or denied by the workers’ compensation insurance carrier or claims administrator. The claim can remain under investigation for up to 90 days during which time reasonable and necessary medical treatment must be administered until up to $10,000.00 in medical care is paid, or the claim is otherwise denied.
If your claim is accepted or denied, hiring an attorney will assist you with maximizing your entitled benefits.
WHAT TYPES OF BENEFITS DOES WORKERS’ COMPENSATION PROVIDE?
The workers’ compensation system defines the very specific benefits an injured worker can receive, which are as follows:
- Medical Treatment: Reasonable and necessary medical treatment to cure or relieve the effects of your work-related injury or illness is paid by the insurance company while you are recovering. You may also be entitled to medical treatment for the remainder of your life which is covered through your claim.
- Temporary Disability: Wage loss benefits in the form of temporary total disability (TTD) is paid when a physician deems you unable to work while undergoing medical treatment. This benefit is payable at a weekly rate calculated based upon two-thirds of your gross average weekly wage, subject to State mandatory minimum and maximum weekly benefit amounts. Where you are able to return to work while undergoing treatment but unable to work the same hours resulting in a wage loss, this entitles you to temporary partial disability benefits.
- Permanent Disability: After your injury or illness is deemed stable (i.e., “Maximally Medically Improved”), a physician will assess to what extent your injury has caused you any permanent impairment. Your injury is then rated using a formula which accounts for your age and occupation then producing your permanent disability percentage. This determines the extent of the monetary compensation you will receive for your injury.
- Supplemental Job Displacement Benefit: If you are unable to return to same, or some alternative or modified job position with the same employer due to a permanently partially disabling work injury, you are entitled to a voucher worth $6,000.00 which can be used for job retraining.
We invite you to call us today for a no charge consultation to evaluate your claim. Please contact us at 562.685.0003. We look forward to helping you.
