What rights can a Sacramento Workers Compensation Attorney help me with?
The Sacramento Workers Compensation Attorneys, here at the law firm of Eason & Tambornini, can help you obtain benefits, under the Labor Code, when you suffer a work-related injury or illness. Our lawyers have mastered several facets of workers compensation claims, which result from car accidents, slip and falls, burns, and other workplace accidents resulting in injury or illness. Psychological injuries may also occur in the workplace, produced by mental abuse from your employer or co-workers for example.
Besides being injured from a single event or a traumatic injury, a Sacramento Workers Compensation Attorney can also assist you from injuries that result from repeated exposures at work, such as hurting your wrist from doing the same motion over and over or losing your hearing because of constant loud noise.
A Sacramento Workers Compensation Attorney can help you with the five basic benefits provided by workers compensation insurance:
- Medical care: Paid for by your employer to help you recover from an injury or illness caused by work.
- Temporary disability benefits: Payments if you lose wages because your injury prevents you from doing your usual job while recovering.
- Permanent disability benefits: Payments if you don’t recover completely.
- Supplemental job displacement benefits (if your date of injury is in 2004 or later): Vouchers to help pay for retraining or skill enhancement if you don’t recover completely and don’t return to work for your employer.
- Death benefits: Payments to your spouse, children, or other dependents if you die from a job injury or illness.
In addition to the five basic benefits provided by workers compensation insurance, a Sacramento Workers Compensation Attorney may be also able to help with claims directly the person that injured you, or help you obtain necessary governmental benefits.
Qualified medical evaluators (QMEs) or potentially agreed medical evaluators (AMEs)
Injured workers have the right to be examined by Qualified medical evaluators (QMEs) or potentially agreed medical evaluators (AMEs). The purpose of the examination is to determine the injured employee’s rights to benefits, or potentially to resolve a dispute over recommendations by the treating physician. Qualified medical evaluations are traditionally licensed medical doctors, but can also include a few other health care specialties such as chiropractors, dentist, and optometrists. Agreed Medical Examiners are also Qualified Medical Examiners, the difference between a QME and an AME is primarily in that AME’s were a negotiated selection by the parties.
Besides obtaining a free consultation with a Sacramento Workers Compensation Attorney, what should I do if I have a job injury?
If you have an on the job injury, besides obtaining a free consultation with a Sacramento Workers Compensation Attorney, you should report the injury to your supervisor right away! If you fail to report the injury timely, you run the risk of your claim being denied as untimely, as well as may subject yourself to unnecessary scrutiny and delay.
Conversely, reporting the problem right away helps to prevent delay and other problems such as obtaining necessary medical care you may need, and obtaining temporary disability payments.
The best way to protect your workers compensation rights is to report your injury as soon as you learn or believe that the injury may have been caused by your job. The law requires your employer to provide you a claim form within one working day after learning about your injury or illness. If your employer doesn’t give you the claim form a Sacramento workers compensation attorney can provide one to you. If your employer does not document the injury, or provide a claim form, that should be an immediate red flag that your employer or employer’s insurance company may not be cooperative, and further cause to contact a Sacramento Workers Compensation Attorney immediately!
If you need emergency treatment, get it! Your employer may tell you where to go for treatment, but no matter what if you need medical help get it. When you seek treatment, it is very important to tell the health care provider who treats you that your injury or illness is job-related.
Why is it important that a Sacramento Workers Compensation Attorney assist me in filing out a claim form?
When you or a Sacramento Workers Compensation Attorney completes and provides your employer a proper claim form, it is the official starts several important processes in motion. For starters, it can create a presumption that your injury or illness was caused by work if your claim is not accepted or denied within 90 days of giving the completed claim form to your employer. Additionally, it may permit you to obtain up to $10,000 in treatment under medical treatment guidelines while the claims administrator considers your claim.
Furthermore, timely submitting a claim form can result in an increase in your disability payments if your employer or the insurance carrier is late in paying you. It also puts in place a method to resolve any disagreements between you and the claims administrator over whether your injury or illness happened on the job, the medical treatment you receive and whether you will receive permanent disability benefits.
What kind of medical care can a Sacramento Workers Compensation Attorney assist me in receiving for my injury?
A Sacramento Workers Compensation Attorney can assist you in receiving all of the “evidence-based medical treatment” that you need for your injury. In California, “evidence-based medical treatment” means that workers’ compensation medical providers must choose treatments scientifically proven to cure or relieve work-related injuries and illnesses. Those treatments are laid out in a set of guidelines that provide details on which treatments are effective for certain injuries, as well as how often the treatment should be given (frequency), the extent of the treatment (intensity), and for how long (duration), among other things. This is one of many aspects of your case that a Sacramento Workers Compensation Attorney can assist you with.
What primary factors does a Sacramento Workers Compensation Attorney need to know to determine if I am an Employee or an Independent Contractor?
Since independent contractors are not covered by the Sacramento workers compensation law, it is important that you discuss various factors with a workers’ compensation attorney to confirm if in fact whether you are an employee. There are no specific facts that determines whether you are an independent contractor or an employee for workers compensation purposes. Labor law enforcement agencies, the IRS the courts, and workers’ compensation attorneys look at several factors when deciding if someone is an employee or an independent contractor. Some employers misclassify employees as an independent contractor to avoid workers’ compensation and other payroll responsibilities. Just because an employer says you are an independent contractors and doesn’t need to cover you under a workers’ compensation policy, doesn’t make it true. A true independent contractor has control over how their work is done. You probably are not an independent contractor when the person paying you:
Some of the primary characteristics of someone being an employee instead of an independent contract are: whether the employer controls the details or manner of your work; whether the employer has the right to fire you; whether you are paid on an hourly or salary basis; whether your employer supplies the materials or tools for your job; whether you are required to work specific days or hours; and whether you are allowed to delegate your responsibilities to other people or if you have to do it yourself.
Please contact our law firm today to discuss your case with one of our Sacramento Workers Compensation Attorney.