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Most injured workers have two important rights in California. First, they have the right to choose their own doctors. Second, they have the right to worry-free, fair compensation for their injuries. Most importantly, injured workers in California have the right to choose their own Los Angeles work accident lawyer.
Key job injury statistics tell a sobering tale. For example, fewer than one in four workers say they feel “very safe” on the job. An even lower percentage of workers have had a safety drill in the last year. While most workers say they have access to PPE (personal protective equipment), most workers also say proper PPE training is unavailable.
California has some of the most liberal workers’ compensation laws in the country. Job injury victims are usually entitled to lost wage replacement and medical bill payment benefits, even if they were entirely at fault for a work-related illness or injury.
California’s predesignation rule requires workers to designate a treating physician, in writing, before they submit workers’ compensation claims.
We should quickly mention that it’s illegal to fire or take any other adverse action against workers who file claims, encourage others to file claims, or serve as witnesses in workers’ compensation investigations.
Workers who don’t pre-designate independent doctors must normally see a Medical Provider Network (MPN) or Health Care Organization (HCO) doctor. These doctors are at least indirectly affiliated with employers. Some job injury victims have the right to obtain a second opinion.
An independent doctor makes a big difference in these cases. MPN and HCO physicians serve two masters, at least indirectly. The fact that an employer pays their salaries often taints their approach to medical care.
We mentioned the compensation available in job injury cases above. Now, let’s break it down a little further.
Most job injury victims receive two-thirds of their AWW (average weekly wage) for the duration of their temporary or permanent disabilities. “Accidental” AWW miscalculation is very common in initial workers’ compensation settlement offers. The insurance company uses prior net wages, and only prior net wages, to determine the victim’s AWW.
This calculation is often misleading. A significant number of job injury victims have been on the job for less than three months. The risk of injury is higher when they’re still learning their duties. If the victim’s prior wages were lower than his/her current wages, and they probably were, the “average” of the last six or eight paychecks is artificially low.
Additionally, the AWW includes irregular compensation, such as performance bonuses, and non-cash compensation, such as matching retirement account contributions.
Additionally, the workers’ compensation insurance company must directly pay all reasonably necessary medical expenses.
The direct payment requirement means that job injury victims are not financially responsible for any unpaid charges. If a medical provider agrees to accept a $200 insurance payment for a $2,000 service, the provider cannot send the victim an $1,800 bill. Furthermore, despite what many insurance adjusters believe, “reasonably necessary” is not always synonymous with “cheapest possible.”
Attorneys connect victims with doctors and advocate for them throughout the workers’ compensation settlement process.
Most lawyers have professional relationships with doctors who focus on job injuries. These doctors know how to properly diagnose and treat head injuries and other common work-related injuries. In other words, a lawyer helps ensure that victims get the medical help they need when they need it.
As a bonus, these doctors usually defer billing, or at least collection, until a Los Angeles personal injury lawyer resolves the case. So, victims don’t have to worry about unpaid medical bills. They can just focus on getting better.
Lawyers advocate for job injury victims on two important levels. First, attorneys break down legal options in plain English. In addition to workers’ compensation, some job injury victims have the right to pursue civil claims and obtain additional compensation.
Additionally, lawyers encourage victims to stay the course. The workers’ compensation settlement process is often frustrating, mostly because initial claims denials are very common. Lawyers help victims keep their eyes on the prize and not give up.
Injured workers have important rights in California. For a free consultation with an experienced personal injury lawyer in California, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.
We’re here to ease your stress and guide you through every step of recovery.
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Trip and Fall: $200,000 Recovered 