What is Workers’ Compensation?
Workers’ Compensation proceedings, unlike damages for personal injury claims, are heard and determined by a Workers’ Compensation Judge. There is no jury trial. Awards are based on a percentage of Permanent Disability (PD) as determined by the doctors assigned to your case and the current law, with the judge acting as the “fact finder” that puts all these determinations together. These doctors make determinations based on the parameters set out in the Guide for Permanent Impairment, a list of code maintained by the Department of Workers’ Compensation (DWC).
Working With Us
If we take your case, the employer’s insurance company and our office will send you to various doctors that specialize in treating your specific conditions. It is critical that you go to your doctor’s appointments. They will act as proof for your claim and they will provide you with the care you need. Your case cannot proceed if you do not go to these appointments. Follow all medical advice and work restrictions prescribed to you by your doctor.
What to Do if You’re Injured on the Job
1. First, notify your employer. They are required to provide you with medical treatment pertaining to your injury. You may be sent to one of their preferred doctors or clinics (called MPN, for Medical Provider Network).
2. Your employer must also give you a form called DWC-1 within one working day of the reported injury. You must fill it out and sign it. It is essentially a report of the injury and includes details like date of injury, type of injury, occupation, etc.
3. Follow the doctor’s instructions and make sure that the employer knows of any work restrictions the doctor may note. If the doctor puts you on disability, make sure your employer is aware of this.
4. Often times the treatment provided by the employer is not enough. If the pain persists, give us a call at (310) 452-1441. From there we can make an appointment to meet with the attorney and file a claim for workers’ compensation benefits.
Depression and Anxiety
Depression and anxiety are two types of illnesses that are sometimes hard to see because they occur within the brain. They can sometimes manifest themselves physiologically as well, and you must go to a doctor to get a diagnosis. They can occur from working a high tension job or from working in unsafe conditions. Frequently injured workers become depressed and need medical help following their injury. This is either due to loss of their ability to do things they used to enjoy because of their injury, or their inability to provide for themselves and their family. Workers’ Compensation law covers mental illnesses just as it does physical illnesses. You will be given appropriate medical care from a licensed psychiatrist.
Mandatory Legal Disclaimer:
NOTICE
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.