- Do I really need a lawyer to represent me in a Workers' Compensation Case?
If you have a serious injury, you will need the advice of an attorney who is experienced with Workers' Compensation cases. Your employer and its insurance company will have their attorneys telling them how to save money on your injury. Why wouldn't you want an experienced attorney to represent you so you got as much as possible out of your case?
Making a claim for Workers' Compensation benefits does not mean that you are morally deficient, corrupt or greedy. While the insurance industry (and some employers) would like for you to believe these things, it is purely and simply propaganda intended to line their pockets and deprive you of your basic rights.
If you have been hurt on the job and you have already returned to work without any problem, then you probably don't need a lawyer. At the same time, if you feel like the employer or the insurance company still owes you some benefits and you can't get them to pay you, get a free consultation over the telephone with the office of an attorney experienced in Workers' Compensation cases.
- How long do I have to see the company's doctor?
If the employer or its insurance company has already sent you to a doctor and you do not like that doctor's care, an attorney who is experienced in Worker's Compensation claims can arrange for you to see another doctor. If you have been treating only with company doctors since the date you reported your injury and 30 days have passed, an attorney can send you to a doctor of his or your own choice in most cases.
This is about medical control: who is controlling your medical care. This is currently (1999) a very important issue in your injury claim and must be handled carefully. An experienced Workers' Compensation attorney can best assist you with this very important issue.
- What if I am injured on the job, but I'm afraid to tell my boss?
If you are in need of medical attention and need to be off work (or do lighter work), the only wise course of action is to formally report the injury to your supervisor. If you know, from past experience, that your supervisor or employer is the kind of person who may deny that you ever reported your injury, contact an attorney's office that is experienced at handling Workers' Compensation matters and obtain an "Employee's Claim" form. While at the attorney's office, explain your fear about reporting the injury and that you have not yet reported it. An attorney experienced in Workers' compensation will know what to do.
- What if I am injured on the job, but not here legally?
We know that there are some employers who act as if they owe you nothing if you get hurt on their job and you do not have legal documentation. If you are hurt on the job you are entitled to medical treatment at the expense of the employer and its insurance company... even if you don't have the right papers for working in California. If you are hurt on the job you are entitled to disability benefits while you are recovering from that injury...even if you don't have the right papers for working in California. If you are hurt on the job you and you do not fully recover from your injury you are entitled to receive additional disability benefits for any permanent disability you have from that injury...even if you are not here legally. You may even be able to obtain vocational retraining, depending upon your particular circumstances...even though you are here without papers.
An attorney experienced in the field of Workers' Compensation law can best represent you against the employer's insurance company. The amount of benefits you receive at the end of your case is likely to depend upon the amount of experience your attorney has in handling Workers' Compensation cases.
- What if I am hurt so badly that I will never be able to do the work I do again?
To answer this question completely, I would have to know more about your injury. If you are disabled to such an extent that you cannot ever do your old job again, then you are probably entitled to vocational rehabilitation. Vocational Rehabilitation is a benefit available to injured workers who are unable to return to their past work due to their injury on the job. Vocational rehabilitation may take the form of retraining for a new occupation. This training can take the form of attending classes and/or it also can be on-the-job training.
An attorney experienced in Workers' Compensation can help you maximize this benefit. If you lack legal documentation to work in California, your case will require special handling by an experienced Workers' Compensation attorney.
- What if my spouse was injured on the job and thereafter died as a result?
If you were dependent upon your spouse for economic support you are entitled to death benefits from Workers' Compensation insurance. If you or your spouse had children that were economically dependent upon your spouse at the time of his or her death, then death benefits are available for the children. How much the total of these death benefits will be depends to some degree upon the facts of your case and the experience of the attorney you hire to represent your interest.
Also: It is important that you obtain representation with an attorney experienced in these matters without delay. Your spouse's death may have been the result of someone's negligence and it is possible that there may be a basis for pursuing a civil lawsuit against the person or entity that caused the death. Only an experienced attorney can properly advise you on this extremely difficult and complex matter.