Legal Question in Workers Comp in California
I plan on telling my employer tomorrow about my hand and wrist,but all the work we do is physical labor,I know the injury is work related because I never hurt before.My doctor is sending me to a specialist.Should I file a workmens comp claim?If so can you assist me or is this something I can do alone?
2 Answers from Attorneys
WC has two levels. Most case are handled on a very informal basis between the injured employee and the insurance claims adjuster. You file a First report of Work injury form [very easy to fill out], it is sent to the WC insurance adjuster, if the injury is accepted medical treatment is provided, etc. The more serious injury cases, ones where the relationship with the adjuster was bad, people who do not trust the insurance companies, etc. go to the step of filing an Application for Adjudication of Claim, which involves going before an administrative law judge, obtaining detailed medical reports, having hearings. At that stage almost everyone has an attorney, who will be paid 9-12% of the permanent disability award.
You need to report your injury to the employer first and request treatment. If the employer denies any injury or insurance company denies liability, you can go to any worker's compensation doctor. The reality are most cases for one reason or another get denied by the insurance company. You need an attorney to represent you and ger you medical treatment you need without medical control of the insurance companies. Feel free to call us at 213.388.7070 for a free consultation.