Legal Question in Workers Comp in California
WC not paid
My construction worker friend fell off a roof and was medivac' ed to a hospital
for treatment. He gave his name as all his friends know him while in the
helicopter, but later gave his full, given name at the hospital (he uses his middle
name as his first name). WC paid all the claims submitted using his nickname,
but has refused to pay those under his given name. He has always used the
same SSN. Now he has collection agencies hounding him and he can't contact
WC to straighten this out. He was told that only the employer can. The employer
is getting nowhere with this. This seems absurd. It's been two and one-half
years since the injury and now his credit is ruined. He does not have the money
to pay the collection agency while this is seettled with WC. What can he do? Is
there some sort of advocate for the injured without having to hire a lawyer?
3 Answers from Attorneys
Re: WC not paid
There ARE advocates for the injured. They are called "lawyers." Their fees are paid for by the comp system. Your Friend is really foolish for not having retained one 2 1/2 years ago.
Re: WC not paid
Other people can advocate for an injured worker.
However, experienced workers compensation attorneys usually charge out of the worker's recovery a reasonable fee and help the workers receive the benefits they are entitled to and if consuted early enough can help avoid problems.
Remember that attorneys are in the business of helping people and the fee they earn goes to help pay to keep their offices operating in the black. Many are small business men and women
that are willing to learn about the laws that affect the injured and try to help them receive all of the benefits they are allowed by law.
It is often very helpful to talk with an attorney any time there is a serious injury as soon as possible. Sometime evidence may be available that can allow for recovery against a third party in a case that may seem to only be a workers compensation recovery. By consulting a competent attorney at the outset, evidence can be gathered and preserved and such additional benefits as may be due may be secured.
Promptly consulting a knowledgeable attorney early in a case can often be very helpful and can be done initially with many attorneys at no cost.
Re: WC not paid
If you are located in the southern California area call me at 213.388.7070 for a free consultation.
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