YOU WERE ALREADY INJURED. DON'T LET THE
SYSTEM HURT YOU FURTHER.
CALL OUR ATTORNEYS FOR A COMPLETE ANALYSIS OF YOUR CASE. THE CONSULTATION IS FREE!
____________________________________
What do I do if I am injured on the job?
- Report the injury to your supervisor immediately.
- Your employer must give you a Claim Form to fill out. If he does not, then request one.
- Your employer must provide you with medical care. If you suffer a serious injury, you may require an ambulance or immediate hospitalization.
- Keep note of the date, time, and what you were doing when the accident occurred.
- Were there any witnesses?
- What were you doing at the time of the injury?
What can an attorney do for me that I can’t do for myself?
- Our attorneys can help you choose a qualified doctor off the Medical Provider Network that will help you treat for your injuries, that is applicant oriented and that you will like. Otherwise the insurance company does it for you.
- We can get you out of their Medical Provider Network in certain circumstances. If the Insurance company refuses your treatment, we can take them to court and have the court issue an order for your treatment
- If the insurance company refuses to pay you your benefits or denies your case, we can take them to court to fight for your care.
- If your doctor refuses to send you to a specialist for another opinion, our attorneys can step in and petition the court for this care.
- We will protect you every step of the way so you don’t have to worry about your benefits and proper care.
YOU SHOULD NOT HAVE TO GO THROUGH THIS ALONE
WHEN WE ARE HERE TO FIGHT FOR YOU!
________________________________________________________
Can my employer use my sick days and vacation days to cover me during the time I am out for a work related injury?
- Yes. You are entitled to Temporary Total Disability during the period of time you are disabled from work, if the injury is accepted. If the employer uses your accrued benefits, we can get them back for you.
What benefits am I entitled to in workers' compensation?
- Permanent Disability once you have been released from your doctors care, Temporary Total Disability up to 104 weeks and medical benefits.
- You may be entitled to a voucher for Vocational Rehabilitation for up to $10,000. The actual retraining that used to be given is no longer part of our system due to the changes made in our laws.
My employer says he doesn’t owe me any workers' compensation benefits because I’m an independent contractor. Is he right?
- First of all, is there a contract between you and the employer that says you are an Independent contractor?
- A contract that states that you are an independent contractor is not the only thing a Workers’ Compensation Judge will look at.
- Generally speaking, the more control an employer has over you, the more you will be considered an employee rather than an independent contractor. Therefore, if you are working for an employer who provides you tools, transportation, tells you what to do, how to do it and when, for example, the Court will look closer at those facts than just a contract that says you are an independent contractor.
- This is a very complex situation and an attorney will help you to obtain benefits if at all possible.
Do I have to be a legal resident or a citizen of the U.S.A. to get workers' compensation benefits?
- No. The law of California protects ALL injured workers regardless of whether they are legal immigrants or not.
WE ARE HERE TO SERVE YOU AND TO GET YOU EVERY
BENEFIT TO WHICH YOU ARE ENTITLED
I caused my injury due to my own fault. Can I still collect benefits?
- If you had an accident, even if you caused it, you can still collect benefits. However, if you claim an accident happened and it isn't true, in order to get workers' compensation benefits, then you are committing a fraud on the system and can be arrested.
- If you were simply negligent or under trained, or untrained, then you can recover your benefits.
My employer has threatened to fire me if I don’t go back to work or if I want to see a doctor. What can I do?
- You have the right to see a doctor for your industrial injuries
- You employer does NOT have the right to fire you for reporting the injury or for your going off work due to the injuries.
- Our attorneys can file a Labor Code Section 132(a) case against the employer in order to prevent this type of discrimination. This law suit will also increase the value of your case.
The insurance company picked out my doctor and he is only looking at one body part when there are other parts of my body hurting. Am I stuck with this doctor?
- No. You have the right to choose a new treating doctor. The problem is that without knowing which doctors will listen to your complaints and which will not, may leave you in the same position. Our attorneys can help pick out a new treating doctor that will listen to you and all of your complaints and not just one.
If I am already receiving benefits from the insurance company, why do I need an attorney?
- What is good for you is not the same thing as what is good for the insurance company. The insurance company is interested in rushing you through the system and closing your case for as little as possible.
- If you have Permanent Disability or need further medical care which has been denied, or you may have the need for life time benefits, or you need a second opinion from another doctor, you are not going to know what you are entitled to or what an attorney can help you with until you call and find out.
- IT COSTS YOU NOTHING TO CONSULT WITH OUR ATTORNEYS.
- You have nothing to lose. A free consultation with our Certified Specialists in workers' compensation law can help you understand your rights and what the insurance company can and can’t do to you.
There are many other questions and rights which you have which we can help you with.
Law Offices of
BERLIN & HENDERSON
11040 Santa Monica Blvd., Suite 480
Los Angeles, California 90025
Tel: (310) 442-7838
Fax: (310) 444-9693
berlinlaw12@aol.com
