Few employment attorneys take workers compensation cases, and even fewer take work injury cases involving stress injuries. Lawyers in our group take both physical and stress injury cases. We are also in a position to advise you whether you may have rights for disability discrimination, Family Medical Leave Act violations, or wrongful termination as a result of your work injury.
If you need a workers compensation lawyer, want to make immediate contact with an employee labor lawyer call 1-877-525-0700 for a confidential consultation
The general rule in California workers compensation is workers compensation insurance is supposed to cover all work related injuries regardless of whether the employee is at fault. Notwithstanding, insurance companies routinely deny workers compensation claims and lawyers for the injured workers must fight the claims. As explained elsewhere in this article, even if a workers compensation claim is admitted (not denied) workers compensation lawyers are critical in injured workers receiving the correct medical treatment, proper disability ratings, the correct sums for the nature of their injuries to their specific body parts, and ultimate high settlements before the Workers Compensation Appeals Board.
In order to receive workers compensation benefits a workers compensation claim must be filed. Although filling out the form should be carefully done by an experienced work injury attorney, merely filling out the form is the start and the easy part.
Obtaining the highest amount of workers compensation benefits is the most important thing. Receiving a proper temporary and/or permanent disability rating is critical. The work injury lawyer’s ability to then negotiate the highest payout based upon the rating and all pertinent formulas must then occur.
Experienced workers compensation lawyers can determine if there should be penalties in workers compensation. These penalties are due to willful misconduct on the part of the employer, or an employment termination motivated by the worker’s pursuit of workers compensation benefits including medical treatment or disability payments.
Applicant lawyers will fight for the injured worker’s rights to obtain proper medical treatment. They will also make all attempts to get the employer’s workers compensation attorney to have the injured worker evaluated by a fair doctor likely to rate the extent of the injuries in a manner that is not merely favorable for the workers compensation insurance carrier.
An experienced workers compensation lawyer may conduct discovery into the work injury. The applicant’s lawyer (the employee’s lawyer) will be present if the applicant’s deposition is taken.
The lawyer for the injured worker will represent the injured worker in a workers compensation trial. Workers compensation trials occur if the workers compensation case cannot be settled. They may also occur if a medical bill, including a pharmacy bill, is deemed to high. Sometimes there are questions about who the employee worked for and whether they were independent contractors. There can also be questions about the cause of the work injury, including it occurring at multiple employers. These are issues that may be tried in a workers compensation trial.
Experienced workplace injury lawyers will fill out all of the necessary forms in the workers compensation process. There are multiple forms and they are technical. This is because under the California Workers Compensation Act, there must be uniform procedures and forms. For example, there are specific codes for each injured body part.
Psychological work injuries must be cased by work. More than 50% of the stress must be due to a compensable work situation.
Employees making work stress claims must have worked for the employer for six months. This is known as the, “Six month rule.”
Call 1-877-525-0700 for information on your work injury rights
* Fraudulent workers compensation claims can result in a fine up to $150,000 and result in imprisonment