Workers' Compensation: Do I have a case?

by Scott Alan Schwartz on Jun. 08, 2013

Employment Workers' Compensation Employment  Labor Law Employment  Employee Rights 

Summary: This article touches on what sort of instances give rise to a workers' compensation claim and what the injured worker may expect if they proceed to pursue a claim.

An individual who suffers an injury on the job should make all efforts to learn what kind of workers compensation benefits they might receive through the legal system.  

In general, workers compensation benefits are paid out by an employer's insurance carrier. Put simply, an injured worker has a claim if they sustained an injury at work in the course and scope of their employment.  Attorney Scott A. Schwartz recognizes that a work injury and navigating through the system can be very difficult events in an individuals life.  Although attorney Scott A. Schwartz has his main office situated in Los Angeles, he has great familiarity with physicians both within and outside of Los Angeles. In many instances, it is important that a claimant (i.e., injured worker) find his or her way to a physician with a good reputation for helping injured workers who are treating for their workers compensation claim.  

Scott A. Schwartz oversees that workers comp claimants receive proper medical treatment after their injury, enforcing their legal rights.

Attorney Scott A. Schwartz also works to protect his workers comp clients who have suffered a work related injury or injuries that fall within the scope of the workers compensation system from being forced to pay for any medical bills related to said injury. Aside from receiving medical treatment to heal the workers injury, most clients of the Law Office of Scott A. Schwartz worry about how they will keep up with their living expenses during the course of their medical treatment in connection with their injury. Scott A. Schwartz knows that living costs are not cheap. Scott A. Schwartz is well aware that almost all of his clients face some sort of fear about how to keep up with their bills while being treated for their workers compensation injury.  

The strong reputation attorney Scott A. Schwartz has developed extends far beyond Los Angeles.

 In fact, it should be noted that attorney Scott A. Schwartz is an active advocate at various Workers Compensation Appeals Boards throughout California, including, but not limited to, Los Angeles, Van Nuys, Goleta, Grover Beach, Oxnard and Marina del Rey.

So, how does an injured worker on keep up with their bills while not working and receiving medical treatment?  

Many California workers compensation claimants are entitled to temporary disability payments once a doctor states that the workers comp claimant is unable to perform his or her ususal work duties for more than three days or they are hospitalized overnight because of their workers compensation injury.  Temporary disability payments generally come in the form of state disability insurance (for up to 1 year) or from the workers compensation insurance carrier (for up to 104 weeks).  The rate of pay that a workers comp claimant receives while disabled from a workers comp injury is generally two-thirds of his or her average weekly salary but is subject to certain exceptions under California law.  

Attorney Scott A. Schwartz happily provides certain details with respect to the foregoing during your free consultation at his Los Angeles office or via phone.  

As mentioned above, it worth emphasizing that you do not need to meet with attorney Scott A. Schwartz at his Los Angeles office immediately after sustaining your work related injury.  Attorney Scott A. Schwartz meets with clients and often makes special arrangements with clients outside of Los Angeles (e.g., telephone) as quickly as possible for a prospective clients' free workers compensation consultation.  Thus, an individual with a workers compensation claim or thinking about filing a claim who prefers to arrange for a telephone conference, with a face-to-face meeting to follow shortly thereafter is a perfectly acceptable manner to proceed.  

Attorney Scott A. Schwartz is happy to discuss a prospective clients claim in the manner that best suits the prospective clients situation.

Once a doctor decides that a workers comp injury has become permanent and stationary, meaning that the workers injury or illness is not getting any better or worse, the claimant will be assigned a whole person impairment rating. Scott A. Schwartz converts the whole person impairment rating into a permanent disability rating, which ultimately equates to a dollar figure as set forth under workers compensation law.  Shortly after a injury is declared permanent and stationary, the employers insurance company is required to advance reasonable sums of money to the workers compensation claimant until the full amount is paid or the claim is settled by Compromise and Release (as discussed below).

Attorney Scott A. Schwartz advocates for his workers compensation clients against insurance carriers across the country..  

Scott A. Schwartz also regularly advocates against workers compensation defense attorneys and/or their respective law firms outside of Los Angeles, depending on where the work related injury took place and where the client of attorney Scott A. Schwartz resides.

Attorney Scott A. Schwartz generally explains the manner by which many workers compensation injury claims ultimately settle at his first meeting with a prospective client who has suffered a work injury.

However, attorney Scott A. Schwartz will revisit this discussion when his client's workers compensation injury has been deemed permanent and stationary (or, not getting any better or worse). In short, an individual who has suffered a work related injury will likely either agree to Stipulations with Request for Award or a Compromise & Release.

Stipulations with Request for Award usually leaves the workers compensation insurance carrier responsible for lifetime medical care for the workers compensation injury.

In such instances, attorney Scott A. Schwartz will then procure a list of physicians to provide ongoing treatment to treat his client's work related injury or injuries.  

Attorney Scott A. Schwartz will provide you with a list of physicians within a reasonable geographical region whether you live in Los Angeles or outside of Los Angeles, as required by law.  

A workers comp settlement by way of Stipulations with Request for Award entitle the claimant to money for any permanent disability that the injured worker has suffered from their work related injury.  

The other way many workers compensation cases are resolved is by Compromise and Release.

In this scenario, the workers comp claimant receives a lump sum of money that is meant to "buy-out" the workers compensation claim so that the insurance carrier is no longer responsible to provide medical treatment for the work related injury.

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