Mar4Written by:Bob Cohen
3/4/2010 11:25 AM
What do the following work related injuries have in common?
· Mike is repairing a roof when he loses his balance and falls to the ground.
· While Isabella is entering the latest sales projections into her computer, she feels a pain in her hand and wrist that radiates up her arm.
· A motorist runs a red light and hits the company van Greg is driving during his morning delivery route
If you said each person might qualify for workers’ compensation benefits, you’re right.
Workers’ compensation covers wage replacement, medical treatment, vocational rehabilitation and other benefits to workers (or their dependents) that experience work-related injury or occupational disease.
The amount of your disability benefit (how much money you’ll be awarded) is based on several factors: how serious your injury is, how long you’ll be disabled, and how much you’d be earning if you were not disabled. In California, temporary total disability payments can be up to $986 per week. You can learn more at
www.dir.ca.gov.
The idea behind workers’ compensation is great. But there can be complications in making your claim.
Hiring an expert attorney who specializes in dealing with the workers’ compensation system and their claims administrators is critical to defending your rights and getting you all the benefits you’re entitled to under the law.
Your
workers’ compensation attorney can be responsible for dealing with your employer’s insurance company. He or she can help arrange medical evaluations and represent you at the Workers’ Compensation Appeals Board (WCAB).
Your lawyer knows how to make sure you see your own doctor after a work-related injury instead of the one your company wants you to see. Imagine what you would do if your employer thinks you’re well enough to go back to the same job you had before the injury, but in fact you were not well enough?
A workers’ compensation attorney can protect you from the system and help you get the maximum allowable benefit, such as 104 weeks of temporary disability payments and for a more serious injury, up to 240 weeks of temporary disability payments.
As I write this blog, unemployment in California is more than 12 percent. With so many people out of work, it’s understandable that you may be hesitant to file a workers’ compensation claim.
But you must notify your employer within 30 days of an injury or as soon as you learned or believe your injury was caused by your job or you could lose your right to receive workers’ compensation benefits. Missing this deadline could potentially cost you hundreds of thousands of dollars in medical bills, disability payments and lost wages. And not seeking medical help could cause your injury to worsen.
Temporary and permanent disability benefits will not cover your lost wages 100 percent, the sooner you are medically well enough to return to work the better it can be for you, your family, and your overall quality of life.
If you’ve been hurt on the job, I hope you get well soon, but don’t try to win your workers’ compensation case on your own. Be sure to hire an experienced workers’ compensation attorney.
Robert M. Cohen
Attorney at Law
Attorney Member, Walker & Walker Legal Network at 1-800-THE-LAW2
PS: One last piece of information you must always keep in mind: Making a false or fraudulent workers’ compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.