Being in the workers compensation industry and working at california law associates for almost a decade i get a lot of questions from potential clients. The most common one is:
If i file a claim, will my employer fire me?
The simple answer, maybe.
In California, it is against the law for your employer to fire you just because you filed a claim. If you believe this happened to you, you can file a wrongful termination claim in addition to your workers compensation injury claim for punitive damages against your employer. Punitive damages are reimbursable to the claimant. Simply put, your employer should not fire you for your work injury and its against the law to do so. The courts don't like it when their citizens get hurt on the job and then punished for it so they punish the employer for these types of actions.
The second most common question i get is, Do i have to stop working?
and simply put, no you do not. You can get medical treatment and continue with Modified work duties so that you dont continue to injure yourself. There are several options when it comes to doing what is best for your health and safety and by no means is the legal system designed to keep you off work unless you have suffered a severe disability or work restriction. Again, this question is often asked and is SO particular to each individual that an answer cant be found online, you really have to talk to an experienced professional to determine your best course of action and what to do to ensure your legal rights and benefits.
If any of these questions apply to you, you may want to consider hiring an attorney for your workers compensation claim. Workers compensation attorneys work on contingency so you do not pay any legal fees upfront to get your case started.
MANY PEOPLE IN THE SERVICE INDUSTRY SUCH AS WAITERS, COOK STAFF, AND CHEFS OFTEN WORK OVER 40 HOURS A WEEK.
• Air Traffic Controllers
• Airline Employees
• Childcare Providers
• Computer Professionals
• Construction Workers
• Data Entry
• Food Service Workers
• General Laborers
• Grocery Store Workers
• Healthcare Professionals
• Hotel Employees
• Industrial Workers
• Office Workers
• Refinery Workers
At California Law Associates, Workers Comp Attorney Shehzad and his team of compassionate Workers Compensation professionals has represented clients who have endured a broad range of on the job injuries, including but not limited to the following:
• Back Injuries
• Carpal Tunnel Syndrome
• Catastrophic Illness
• Cervical Neck Injury
• Construction Accident Injuries
• Head Injury
• Illness Resulting from Exposure to Toxic Chemicals
• Industrial Accident Injuries
• Loss of Hearing
• Loss of Sight
• Lumbar Back Injury
• Lung Disease
• Neck Injury
• Nerve Damage
• Organ Damage
• Repetitive Motion Injury
• Respiratory Illness
• Severe Burns
• Soft Tissue Damage
• Spinal Cord Injuries
• Torn Rotator Cuffs
• Traumatic Brain Injury
if you have been employed in california for 6 months or longer and work is the primary cause of your stress/anxiety/depression you may qualify for compensation. visit attorney4u.us to find out now
Getting an attorney on your side when your suffer a work injury can help ensure you obtain all benefits available to you, Here are some of the benefits california workers compensation offers:
As an employee you are entitled to reasonable medical care for the injuries sustained on the job. You may see the term AOE or COE on your workers' compensation claim forms and this means arising out of employment/course of employment. If your employer rejects your claim for this reason it is your attorney's job to prove your work injury was industrial related.
Temporary partial disability is one that prevents you from doing some of the duties of your job for a limited amount of time.
Permanent total disability is one that prevents you from ever returning to work.
Permanent partial disability occurs when the damage is permanent, but it only partially impairs your ability to work.
1. Always report your , work related injury to your supervisor as soon as it happens even if it a minor injury that you think is not severe.
2. If your report an injury make sure your employer gives your a DWC-1 Claim Form to fill out which body parts were injured and how it happened. Try to fill this out as accurately as possible.
3. Keep records and copies of all paperwork related to your injury such as your claim form, doctors visits, and any notes such as documenting what happened to you in an email
4. When you start work, you can predesignate a doctor to go to before an injury occurs. If you predesignate a doctor you can bypass employer health facilities and take control of your healthcare.
5. Keep records of days you miss work, days you visit doctors or therapists, how far you traveled to these places by tracking the miles you drove there and back, keep all receipts of any medication you had to purchase because of the injury,keep track of symptoms you have and worsening or improving conditions.
6. Sometimes injuries may also include civil actions against the employer if the injury was deliberate and willfull such as someone who harassed you or made you complete a task that they knew would result in harm.
7. Bring all your documents to your meeting with your attorney , organize them by date so they can have a clear history of what happened.
8.Some injuries are internal such as diabetes, irritable bowel syndrome, high blood pressure. Make sure to see your regular doctor if you are experiencing these symptoms and inform your employer.
9. Filing a fake accident or fraudulent claim is against the law. Sometimes insurance companies will hire investigators to follow and film you and make sure you are not faking your injury. Be mindful of this and take it into consideration when filing a claim.
10. Try not to delay when you are hurt, there are deadlines in the workers compensation system that can affect your claim if you wait to long, it will be harder to prove your case with medical documentation so always get treatment right away and consult a lawyer as soon as possible.
If you need an attorney in orange county, riverside county or los angeles county visit http://www.attorney4u.us or fill out my contact form for a referall.
Andria Elkhettab is a J.D. graduate of Pacific Coast University School of Law who has been employed in the California Workers' Compensation Field since 2008.
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