|
Workers' Compensation benefits are supposed to be automatically paid to individuals who are injured on the job in California. In the event of a
routine injury an attorney may not be necessary. The employer should refer the injured to a physician, unless one has been pre-designated. Temporary disability should be paid in the event the physician takes the injured worker
off work. The carrier has 14 days to make the first temporary disability payment or to advise the injured worker that the case has been put on a delay status. Most routine injuries do not result in extensive disability, and the
injured returns to work without significant disability. An attorney is not necessary in order to initiate benefits in this situation.
In the event the employer questions whether the injury occurred on the job, the carrier has 90 days to investigate the claim. The carrier usually
takes the statement of the injured worker, obtains any relevant past medical records, and arranges for a medical evaluation by a physician of their choice to determine whether the injury occurred as a result of industrial
factors.
Most injured workers need to be represented in any of the following situations: (1) The injury is serious and it is obvious that it will result in extensive
disability; (2) The injury is actually denied by the insurance carrier; (3) Disability last for an extended period of time, approximately 90 days, without any definite release to the normal and customary
occupation; (4) There is significant residual permanent partial disability, even though there is a return to normal and customary job duties; or (5) other situations where an injured worker feels overwhelmed by the
system.
|
