Common Questions About Workers’ Compensation
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The workers’ compensation system is complicated. As an injured worker, you may find it difficult to collect the benefits that are rightly yours. Claims can be denied for various reasons, including a failure to submit a claim with all of the information that is required.
At the Law Office of Richard J. Meechan, we have helped thousands of employees get workers’ compensation benefits. With 30 years of experience, we thoroughly understand the system and how to get results for workers just like you.
If you are filing an injury claim, we can ensure that all forms are submitted correctly. We can help you avoid delays. If your claim was denied, we know exactly what to do. Don’t miss out on the benefits you deserve. Call us. We are ready to help you. We need you to know that this is a long and tedious process.
Below, we have provided answers to some of the most common questions we are asked and can answer your specific questions when you contact us by phone or through our online form.
We represent injured workers throughout Sonoma County, Santa Rosa, Mendocino, Marin, Napa, & Lake Counties.
Mr. Meechan is Board-Certified Specialist in Workers’ Compensation Law, which means he devotes a substantial amount of his practice to workers’ compensation and has passed a special Bar exam on the subject.
Our firm fights for the rights of workers in Sonoma County, Santa Rosa, Mendocino, Marin, Napa, & Lake Counties. We can help clients in Spanish and English.
Employers do it all the time. It is illegal for an employer to discriminate against a worker after he or she has sustained a work injury or has filed for workers’ comp benefits. It is unlawful to not “reasonably accommodate” a disabled worker or fail to provide a “good faith, interactive process” to return a disabled worker to work. If you have been threatened with losing your job, it is important that you get a lawyer immediately.
One of the most important actions is to report your injury to your supervisor or employer. A text or e-mail about the injury is also good evidence. You need to submit a claim form. If you don’t report the illness, injury, or condition within a short period of time, it can lead to problems for you and difficulties in getting the workers’ compensation benefits you have earned.
Your medical care will be provided and if you lose wages because your injury makes it impossible to work while you are recovering, you may collect benefits during that time. If you do not fully recover, you will be due permanent disability benefits. You may also have access to educational training if your employer does not provide you with a job that you can perform, considering your current condition and health.
You are due death benefits for yourself and your children or other legal dependents. The amount you are paid will be based upon the number of dependents and the amount that your spouse was earning at the time of the fatal accident or illness.
The law allows you to get “reasonable” medical care to treat or cure an injury or illness that is job-related. The system has rules about what types of treatment you can get and will only pay for medical care that meets certain guidelines. Many requests are sent through utilization review and treatment is denied. We can help you with this process.
If you signed a form when you were hired that you wanted to use your own doctor if you were injured, you have that right. If you didn’t sign the form, go to the medical facility that your employer has directed you to use. Depending on your circumstances, it is often possible to change your treating physician. A doctor that does not regularly practice workers’ compensation medicine is a great disadvantage in getting care for his or her patients.
Get a lawyer. This is not uncommon, but you do need help to fight back. Otherwise, you may find yourself unable to work and without workers’ comp benefits until the situation is resolved. Once your benefits are approved, you will also get the back payments you missed while your case was being appealed. You should also immediately apply for state disability to pay weekly benefits for up to one year.
Some employers try to avoid paying for workers’ compensation insurance as well as health insurance by listing employees as independent contractors when they are actually employees. If your employer controls how you do your work, can terminate you, pays you an hourly wage or salary, makes deductions or supplies you with tools or other materials, and requires you to work on specific days and for specific hours, it is likely that you are an employee and have been incorrectly listed as a contractor. Talk to a workers’ compensation attorney from our firm at once for help if this is your situation. Call now.