WORKERS COMPENSATION:

• 1. Why do I need an attorney?
  In Workers’ Compensation, the Labor Code requires the insurance adjusters to provide you with a Notice of your rights. They will not tell you what is in your best interest in applying the law. Rather, they are more concerned with minimizing benefit payments and closing your file. Your attorney can assist in insuring you receive all medical treatment and benefit payments for which you are entitled, can protect your rights to future medical care and can insure you obtain the maximum permanent disability value for your injury!
  
  
• 2. How do I pay an attorney to represent me?
  Your attorney is paid only if you have a permanent disability. He can receive up to 15% of the value of any permanent disability. All attorney fees must be approved by the Workers’ Compensation Judge before they are paid.
  
  
• 3. Can I be paid wage loss and pain and suffering in workers compensation?
  No. Unlike a non-industrial personal injury accident, there is no wage loss paid or payment for your pain and suffering. You will receive temporary total disability (TTD) which is 2/3rd of your gross weekly wage up to a maximum limit, if your claim is accepted by the insurance company and you are unable to return to work while you receive medical treatment. TTD payments only last for either 104 weeks , until you return to work or a doctor states you Have reached Maximum Medical Improvement (MMI).
  
  
• 4. What if my claim is on delay or unaccepted, can I receive any payments and medical
  treatment while my claim is Litigated?
  If your claim is on delay or unaccepted by the insurance company, you can apply for State Disability Insurance (EDD). While on delay, your attorney can assist you in obtaining medical treatment up to a value of $10,000.00 from a doctor within the insurance companies Medical Provider Network (MPN). If your claim is denied, your attorney can obtained either an Agreed Medical Evaluator (AME) or a Panel Qualified Medical Evaluator (QME) to determine if your injury is industrial and the extend of Medical treatment you should be receiving.
  
  
• 5. How much is my claim worth?
  There is no way to determine the value of your industrial claim at the start of a case. The value is dependent upon a determination of permanent disability by your doctor once your medical condition has stabilized. The purpose of workers compensation is to provide medical treatment to improve your industrial injury so you can return to the work force. The same injury in a civil suit might be worth $200,000.00 but in workers compensation it may generate only $15,000.00 to $20,000.00 in value.
  
  
• 6. Why can’t I sue my employer for my injury?
  The California Labor Code states the ‘exclusive remedy’ for an industrial injury is a Workers’ Compensation Claim. There are few exceptions. This allows workers’ compensation to be a no fault system. So long as you are on the job when you were injured, doing something that benefits your employer, you will be covered for benefits. It does not matter that your injury was caused through your own negligence.