Protect Yourself and Your Family
California law protects workers and helps injured employees, but only if you act quickly. Learn your rights and choose a good attorney.
You Can Choose Your Doctor
When you are injured at work, the insurance company claims representative (also known as the adjuster) will tell you that you have to keep going to a particular work injury clinic, usually Concentra. Concentra is a clinic that the insurance company has chosen, and the claims representative will try to convince you that you MUST get your treatment from that clinic and nowhere else. That is false.
You have the right, under workers’ compensation laws and the California Labor Code, to choose any doctor you want, so long as that doctor is on an approved workers’ compensation list of doctors, also known as the Medical Provider Network (MPN) list. But you’re not going to know one Doctor from another, and if you aren’t careful you may end up with a doctor who is on the side of the insurance company, fighting for them. You deserve a doctor who is going to be on your side, fighting for YOU!
But how do you know which doctor to choose? You don’t. That is where a really good workers’ compensation attorney comes in.
A good, highly experienced work comp attorney, such as Attorney Arthur Navarette, Esq., will help you select the best doctor for your specific injury and the best doctor for your specific needs, a doctor who will be on your side. We will even set up the first appointment for you and get you a Spanish speaking interpreter to go to that doctor with you to translate for you if you need it. Call us today 408-275-9500 so we can help you select the best doctor for YOU, not the best doctor for the insurance company.
Your Legal Rights
California Law Protects Injured Workers
Introduction
If you’ve been injured on the job in California, you may be eligible for workers’ compensation benefits. Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill as a result of their work. The benefits of workers’ compensation can include medical care, temporary and permanent disability benefits, vocational rehabilitation, and death benefits.
What is Workers’ Compensation?
Workers’ compensation is a system that provides benefits to employees who are injured or become ill as a result of their work. The system is based on the idea that employers have a responsibility to provide a safe and healthy work environment for their employees, and that employees should not have to bear the financial burden of a work-related injury or illness.
Who is Eligible for Workers’ Compensation?
Most California employees are eligible for workers’ compensation benefits. This includes full-time, part-time, temporary, and seasonal employees. Independent contractors are not generally eligible for workers’ compensation benefits, unless they are considered employees under the law.
What Benefits are Available?
The benefits of workers’ compensation can include:
- Medical care: This includes doctor visits, hospital stays, surgery, and prescription drugs.
- Temporary disability benefits: These payments are made to employees who are unable to work due to their injury or illness.
- Permanent disability benefits: These payments are made to employees who have a permanent disability as a result of their work-related injury or illness.
- Vocational rehabilitation: This is a program that helps employees who are unable to return to their old job find new employment.
- Death benefits: These payments are made to the family of an employee who dies as a result of a work-related injury or illness.
How to File a Workers’ Compensation Claim
To file a workers’ compensation claim, you must notify your employer of your injury or illness within 30 days of the date of the injury or illness. You must also file a claim form with the Workers’ Compensation Appeals Board (WCAB) within one year of the date of the injury or illness.
Appealing a Workers’ Compensation Decision
If you are unhappy with a decision made by the WCAB, you can appeal the decision to the courts.
Additional Resources
The California Department of Industrial Relations (DIR) has a website with a wealth of information about workers’ compensation. You can also contact a workers’ compensation attorney for more information.
Conclusion
Workers’ compensation is a complex system, but it can be a valuable resource for injured employees. If you have been injured on the job, it is important to understand your rights and to file a claim as soon as possible.
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