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In most cases, when you get injured while performing your job, you are entitled to benefits under the workers’ compensation system. California was one of the first states to adopt a comprehensive statutory scheme for workplace injuries. Under this system, employers assume liability regardless of fault in exchange for workers’ giving up their right to sue their employer in civil court. Of course, there are exceptions to this rule. California’s workers’ compensation laws are designed to help injured workers receive medical treatment and partial wage-loss benefits to help recover from injuries. However, workers’ compensation laws and procedures can be confusing and difficult to navigate. To make matters worse, workers’ compensation claims are inherently adversarial as insurance companies and third-party administrators fight hard to minimize exposure and contain costs.
Sustaining a work injury can be disruptive, and the mishandling of a workers’ compensation case can have devastating consequences. The attorneys at Panzer Law, P.A. understand the difficulties injured workers face. They work to guide you through the process and help you recover what you are entitled to so that you can focus on getting your life back on track. Get started now and contact us for a free, no obligation consultation.
TYPES OF INJURIES
There are two types of injuries that are caused by work. The first is the “specific injury.” A specific injury arises out of a single incident. Some examples of specific injuries include:
The second type of injury is a “cumulative trauma injury” or a “repetitive trauma injury.” These are injuries that develop over a period of time. Some examples of cumulative trauma injuries include:
Lastly, if an injured worker dies from a work-related injury (this could be a specific injury or a cumulative trauma injury), the worker’s dependents may be entitled to death benefits.
If you feel you may have sustained a specific injury, a cumulative trauma, or both, please contact us for a free consultation.
MEDICAL TREATMENT
When you are injured on the job, you have a legal right to receive all medical treatment that is required to cure or relieve the effects of your injury. This includes emergency care, ongoing treatments, medications, durable medical equipment, diagnostics, and rehabilitation services. However, due to the complexities in the law, navigating the system can be difficult, confusing, and frustrating. Getting optimal medical treatments requires knowledge of the rules and regulations pertaining to medical provider networks, the authorization processes, appeals procedures, and physician reporting requirements. Getting proper medical treatment is not only critical for your recovery, but it is the foundation for achieving a successful financial outcome. An attorney at Panzer Law, P.A. will advocate and guide you through the process.
TEMPORARY DISABILITY BENEFITS
Temporary disability benefits function as a substitute for lost wages during the time that your doctor places you off work to recover from your injury. Temporary disability benefits are paid out at two-thirds of your average weekly wage, subject to a statutory minimum and maximum. For most injuries, you can receive a maximum of 104 weeks of payments. To receive temporary disability benefits, your case must first be accepted by the insurance company. If your case is denied, you must first prove an injury before you are entitled to payments. You may need to prove your case in court before getting temporary disability benefits.
In order to keep your temporary disability benefits going, you must receive certification from your doctor at least every forty-five days. Following each visit, your doctor must clearly document your restrictions, treatment progress, and recovery expectations. If there are errors in your reports, or if you miss an appointment, your payments can be delayed or even suspended. It is also important to update your employer and the insurance adjuster about your ability to perform modified or alternative work duties if recommended by your doctor. If recommended by your doctor, your employer is required to make a reasonable effort to find you a modified or alternative job. If a modified or alternative job is unavailable, then you are entitled to receive temporary disability benefits.
Oftentimes, injured workers are rushed back to work by doctors in the medical providers network. In most cases you have a right to change your primary physician, get a second opinion, and/or seek an evaluation by an independent medical expert.
The attorneys at Panzer Law, P.A. understand that temporary disability is a lifeline for injured workers who cannot work and need to focus on their recovery. They are experienced at developing the record and fighting for benefits.
PERMANENT PARTIAL/TOTAL DISABILITY
Permanent disability benefits are designed to compensate workers whose injuries have caused lasting or lifelong impairment. At some point in your medical treatment, the medical experts in your case will find that you have reached a point where your condition is permanent and stationary. At this point, your medical condition is unlikely to significantly improve or get worse. The medical experts will assign you a disability rating, and that rating is the foundation for determining your permanent disability benefits. The California workers’ compensation system uses a standardized formula that factors in your level of impairment rating, age, and occupation. These factors are combined to produce a percentage that represents how much your earning capacity has been reduced due to your injury. A higher percentage means greater compensation. If you are deemed to be 100 percent disabled, you may be entitled to lifetime wage-loss payments.
Disputes over permanent disability ratings are common and highly litigated. Insurance companies often rely on the opinions of physicians in their medical providers network who often understate the severity of your impairment. You have the right to be evaluated by a Qualified Medical Evaluator (QME) or an Agreed Medical Evaluator (AME) to perform an independent examination. These evaluations can be critical in determining the winning outcome of your case. Having an attorney at Panzer Law, P.A. represent you through this process is a way to try to ensure that your evaluation is fair and that the experts’ opinions are based on science and evidence.
SUPPLEMENTAL JOB DISPLACEMENT VOUCHER
If you are permanently restricted from returning to your job by your doctor, you may be entitled to a supplemental job displacement voucher. A supplemental job displacement voucher is designed to help injured workers get back into the workforce by covering the cost of retraining or further education. Worth up to $6,000, this voucher can be used for tuition, supplies, licensing exams, and career counseling.
WHY CHOOSE PANZER LAW FOR A WORKERS’ COMPENSATION CASE?
The experience and skill of your attorney matters when it comes to workers’ compensation cases. The attorneys at Panzer Law, P.A. are experienced litigators who have handled catastrophic cases where they received large settlements. Likewise, they still provide the personal attention needed to successfully litigate smaller injuries. They understand the unique needs of every client, work with each client to develop a winning strategy, and fight hard to achieve successful results.
An injury can occur in any work environment. Some of the most common types of injuries include slips and falls, strains, lacerations, burns, hearing damage, toxic exposure, vehicle accidents, eye injuries, broken bones, neck, shoulder, or back injuries.
Construction is one of the most dangerous of all industries in America. People who work in this industry face many risks every day. Some of the most common workplace accidents in the construction industry include being hit by falling tools or debris, falls, electrocutions, explosions, burns, machinery accidents, trapped in or between, trench collapses, rollovers, and vehicle accidents, among others.
If you lost a loved one due to fatal injuries sustained at work, you have the right to compensation under Florida’s workers’ compensation law. The benefits paid include funeral expenses up to $7,500 and a percentage of the average weekly wages your loved one earned. These are often complicated cases, and we urge you to speak with our workers’ comp lawyer at Panzer Law at once if your loved one has passed away after suffering a work-related accident. We will fight to ensure your right to compensation is protected.
If you have a work accident…
The vast majority of cases are settled without the need to take it to trial. However, you do want to ensure your workers’ compensation lawyer has trial skills, as this skill set is also needed to prepare a compelling case, present it in mediation or negotiations, and at trial if this is in your best interests.
While a minor injury could be resolved without an attorney, any case that involves serious injury, catastrophic injury, or loss of life should be managed by a skilled personal injury lawyer.
Every workers’ compensation case is unique. The value will be based on the degree of your injuries, whether they will lead to future challenges, affect your ability to earn a living, require ongoing medical care, and many other factors. To determine the value of your claim will require reviewing your medical condition, valuing the financial losses you have experienced and will experience, and the work restrictions associated with your injuries.
Meeting with a workers’ compensation attorney shouldn’t be an intimidating experience.
Rather it should be useful. In our office, we collect information about your case and help clients to be well informed and comfortable when they come in for an initial consultation. We share important information in at least two ways and develop your case to best handle it for your unique situation.
When you first walk into our office, we’ll sit down and go over the reason for your visit. You will discuss your case with one of our attorneys. If you speak Spanish, you will discuss your case with a Spanish-speaking attorney. One of our staff members will collect information about you and your situation. We will ask you specific questions about your background, your employment, and your injury. Our interview will be extensive and in detail, to obtain the most complete information about your situation. When we are well informed, it allows us to better prepare your case. At the close of the meetings, we may have some tasks for you to do and help us follow up after our meeting, and we will also be running a series of processes after our meeting to start your case as soon as possible.
June 8, 2021
June 9, 2021
