Here To Help You Navigate The Workers’ Compensation System – Rose, Klein & Marias LLP; Serving Injured Californians since 1936
Injured at work? Worried if you are going to get the treatment you need and compensated for lost time due to the injury? Concerned if your work injury will jeopardize your job? These are all real concerns and the insurance companies’ interests are not the same as yours. You should know your rights. As soon as a worker suspects that they have a work related injury, they should report it immediately to the employer. The employer must provide the worker a claim form within one day of notice of injury. Waiting to report an injury can cause delay or denial of your worker’s compensation claim.
After the claim form is filed, if you cannot perform your job duties while recovering from the effects of the injury, you are entitled to temporary disability benefits. The first payment of temporary disability indemnity shall be made no later than 14 days after knowledge of the injury and disability. The injured worker should never be off work without a written report from the treating physician indicating the worker’s disability status.
In the case of a dispute, the employer has the right to investigate the claim. A decision must be made by the insurance company to accept or deny your claim within 90 days. If no decision is made, the claim is presumed compensable. While the claim is being investigated, the carrier must continue to authorize medical treatment, up to $10,000.
Once the worker’s medical condition has reached maximum medical improvement, any residual disability is known as permanent impairment. The worker may be entitled to monetary compensation, for the permanent impairment. This is usually determined by an evaluating doctor who is not the treating physician. Selecting the right physician can impact the valuation of the permanent impairment.
Even if your doctor has indicated that your medical condition has stabilized, your medical treatment remains open. However, recent legislation has placed some additional hurdles in securing treatment for the work related injury.
You have the right to representation by an attorney. The initial consultation is free and confidential. Don’t wait until the insurance company starts delaying or denying benefits before consulting an attorney. A worker’s compensation specialist can help you navigate the maze of statutes and regulations involved in your claim.
Contact Esther Oz to schedule your complimentary consultation at 661-362-0881. For more information, visit our website at www.RKMLAW.net.
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