When should I retain a workers’ compensation attorney?
But normally, the sooner you retain a worker’s compensation attorney, the better. The attorney is able to garnish the evidence, is able to round up all the medical treatment and all the medical documents that are necessary, and an attorney can come in and begin to litigate your case to make sure that your… Read More »
How much do workers’ compensation benefits pay?
When am injured worker has been declared temporary totally disabled, the workers’ compensation insurance is obligated to pay 2/3 of their normal salary. For example, if an average worker made $100 a day, they would receive $66.66 a day while they are on temporary total disability, which is 2/3 of their salary. This, although… Read More »
What type of workers’ compensation benefits are there?
In a normal workers compensation case, there are normally four benefits. The first being temporary disability, which is entitled temporary total disability, where the injured worker is paid two thirds of their normal salary during the time that he or she is found to be temporarily totally disabled. The second benefit is that of… Read More »
Can I use my own doctor for my workers’ compensation case?
In a workers’ compensation case, you may use your own pre-designated doctor if you have done just that and pre-designated that doctor before an injury. In most cases, people have not pre-designated a doctor, and they must use an employer-referred doctor for the first 90 days.
How long do workers’ compensations appeals take?
The appeal process is much longer. The normal case that is handled at the Appeals Board level can take from one to two years. Appeals based on a decision by a workers’ compensation judge can take quite a bit longer depending on the nature and type of case, but, it can range from anywhere… Read More »
How can I predesignate a doctor for workers’ compensation?
In most employers, there is a method in which a person can, before they have been injured, are able to assign who they would choose as an orthopedic doctor to treat them in case of an injury.
Can I appeal an unfavorable decision by a workers’ compensation judge?
If a worker’s compensation judge finds a case not in your favor, and there are issues that you wish to put up for appeal, then that process is a little more complex, takes more time, but definitely you need the representation of an attorney, and that process could take anywhere from a year to… Read More »
What happens when my employer does not have workers’ compensation insurance
In many cases, unfortunately, employers are in violation of the law and do not have workers’ compensation insurance. In those cases, an employee still has the right to seek benefits through the Uninsured Employers Fund which is a special fund that is setup by the State of California where people who are injured and… Read More »
What is discovery in a workers’ compensation case?
The normal discovery that takes place in a workers’ compensation case is that the insurance company, the attorneys for the insurance companies are allowed to take an applicant’s deposition. A deposition is a question and answer period that is under oath and that is being recorded by a court reporter. It’s a very important… Read More »
How do I prepare for a workers’ compensation deposition?
Preparing for a deposition normally is a process that takes approximately an hour. I normally spend up to one hour with my clients prior to deposing them and preparing them on simple points like remembering that they’re under the duty to tell the truth, to also make sure that they understand the question, to… Read More »