Workers Compensation is a specialized area of the law that covers injuries which a occur at work. An employee who is it injured on the job is not allowed to file a lawsuit in the regular court. She must file a claim in workers compensation appeals board.
When a person is injured at work she has the following rights:
1) The right to receive all medical treatment necessary to treat her injury for the rest of her life.
2) If she is not able to work, the right to receive temporary disability payments at the rate of two thirds of her regular salary, for up to two years.
3) Once a workers medical condition is considered permanent and stationary, i.e. it will not be improved by further medical treatment, a worker has a right to receive a payment for permanent disability based on her percentage of permanent disability.
The most important help that a workers compensation attorney can provide his client is to obtain for her the best medical treatment available. Workers often do not know that they have the right to choose their primary treating physician, albeit within a medical network of physicians which is provided by the workers compensation insurance for the employer for an experienced attorney can guide his client toward the best doctors.
A workers compensation lawyer will also ensure that his client receives all of the temporary disability payments, in the correct amount, on time.
Finally, a workers compensation attorney can help ensure that the insurance is calculating the percentage of permanent disability at the correct rate, thus ensuring the highest permanent disability payment possible.
There are two kinds of settlements in a workers compensation case. The first kind of settlement is called a Stipulations with Request for Award. In this kind of settlement, the worker is given a payment for her permanent disability, but retains the right to have the insurance company pay for her medical treatment for life, or as long as is necessary.
The second kind of settlement is called a Compromise and Release. In a compromise and release a worker receives payment for her permanent disability and payment for the cost of all the future medical treatment she will reasonably require. This kind of settlement will be more money, but the injured worker will be giving up the right to have the insurance company pay for her teacher medical treatment will have to pay for such treatment out of her own pocket or from another source of insurance.
Contact attorney Evan Livingstone at (707) 206-6570 to answer your questions about Workers Compensation.