No one wants to experience a physical injury, period. When an injury occurs at work in California, compensation may be available under California Workers Compensation Law to assist and aide the injured person with recovery and to provide compensation for a potentially long term impairment. Provisions of the Labor Code determine when workers compensation law applies. In far too many instances, even when the workers comp law applies, not enough is offered!
Under the current system in California, the insurance company generally maintains a considerable amount of control over the injured employees medical treatment and the employee forfeits their rights to sue their employer in civil court in exchange for a no-fault system called workers compensation. Do you really expect to be treated appropriately by the employer’s insurance carrier, or better yet, the insurance carriers attorney?
Disability money is intended to compensate the injured worker for their lost wages and future earning capacity. In general, the current system in California falls far short of fulfilling that purpose. Often times the amount of disability money awarded is very low in relationship to the problems that come with dealing with an injury.
Medical treatment is also deficient and lacking. Physicians get paid inadequately under the fee schedule. By result, many well qualified doctors and specialists decline to participate all together. The doctors that do are forced to rely on heavy volume to make up for the low fee schedule. This all equates to less attention from the doctor. Furthermore, all treatment decisions made by the doctors can be subjected to what is called a Utilization Review conducted by the insurance carrier’s doctors.
What about compensation for Job retraining if the injured person is no longer able to perform the same time of work due to a permanent disability? You guessed it…also totally inadequate. Current system limits of $6,000.00 won’t go very far in today’s educational market.
Don’t Go Without Professional Legal Representation. For all of these reasons, a person that gets injured at work in California should get professional representation on their side. An experienced workers comp lawyer can help maximize the cash value of a claim and receive the money that they will need for proper medical treatment and the money they will need to provide for themselves and their family.
If you or someone you know is dealing with a work injury, I am here to discuss and advise and help. You can call my office and I will come to the phone and speak with you directly to see how I can help. Free of charge.