Answers To The Workers’ Comp Questions You Need To Know
Berger & Michelena welcomes you to take a look at our California workers’ compensation FAQs on this page, and to explore our website. Assuming that you have been injured on the job or lost a family member in a fatal workplace accident, we hope that you will find some information or suggestions that could pertain to your situation.
We believe there is no substitute for a one-on-one conversation. So call us to schedule your free consultation: 800-488-4813.
However, we are also convinced that there is no substitute for a one-on-one conversation with a knowledgeable attorney about your particular set of facts and concerns. Therefore, we hope that you will contact us at our Los Angeles law offices and take advantage of our offer of a free initial consultation.
Clients who contact us often bring questions such as the following to our attention:
Do I have to sue my employer to collect workers’ compensation?
This is the most common question that injured workers seem to have on their minds. The answer is a resounding no.
Filing a workers’ compensation claim is not the same as filing a lawsuit – and it is not a claim against your employer. Rather, it is making a claim on insurance that is in place to cover you. Assuming that your employer has been paying your workers’ compensation insurance premiums as required by law, this insurance coverage is precisely yours to claim if your on-the-job injuries make you eligible for medical care and other benefits.
The workers’ compensation system is in place precisely to prevent lawsuits between employees and employers in the event of workplace injuries, which occur inevitably from time to time.
Can my employer retaliate against me for making a claim for workers’ compensation benefits?
Nearly all employers know that it is illegal to retaliate against employees who file claims for workers’ compensation benefits. That doesn’t stop some of them from trying. If your employer is making it difficult or impossible for you to return to work after you have been injured, despite your doctor’s release, you should talk to an attorney. Your employer may be guilty of violation of employment laws as well as violation of the Americans with Disabilities Act (ADA). Contact us if you have been fired, demoted or penalized after being injured on the job.
Can I see my own doctor if I have been hurt on the job?
Most workers’ compensation insurance carriers have established their own medical provider networks (MPNs). In most cases, a workers’ comp insurer will require you to see a doctor selected from the insurer’s list of providers. Berger & Michelena has experience helping clients select doctors who both meet insurers’ requirements and who have worked well representing the interests of injured workers in the past. Contact us to discuss this question further.
Why should I hire your law firm to help me with my workers’ compensation claim?
Our experience is one reason. Our record of favorable outcomes is another. Most of all, our commitment to client-centered legal representation is a powerful reason to contact us. Our clients are represented directly by attorneys at all times: in depositions, in hearings and in court as needed.
How will I pay for your legal services?
Initial consultations are free. We represent our clients on a contingency basis. If we are successful in helping you obtain back workers’ compensation benefits or lump-sum payments, your legal fees will come from those funds as a set percentage. If you do not succeed, you will not owe us attorney fees.