Your Questions About Accident At Work

admin answers:

Then he is breaking the law. You have those posters at work relating to work related injuries? Read them and call the numbers. If you don’t have those posters – he is again breaking the law. Go to any other office or workplace and read theirs, get the numbers and call and notify them of your employer’s actions. You may get the run around, but eventually you will find someone who will actually want to do their job and they will help you. If all else fails, file a Complaint with the Department of Fair Employment and Housing.

admin answers:

Work comp should apply if injured on the job, but depending on the size of the company or if you are an independent contractor, the rules change. If you work for a company, did you report the accident? If so, what have they been doing for you. I imagine someone paid for your medical bills and treatment after surgery. In most cases you should receive a settlement from the work comp insurance carrier, but usually only if there is permanent disability granted. Unless you can prove gross negligence against your employer for the accident, Work Comp is considered to be the exclusive remedy for you, and you cannot sue your employer for a settlement.

I wouldn’t just go rush out and get some attorney. Do a little work on your own first. What good does giving up 30% of your settlement if you would have received that same amount without the attorney. If you get some ridiculous settlement, you would still have the option to get an attorney to fight for a better settlement. Be realistic however, not greedy.

admin answers:

California has the most complicated worker’s comp system in the country.

Permanent disability is rated based on the “American Medical Association guides” or also know as the AMA Guides. Under these guidelines, the doctor will give you a Whole Person Impairment rating. This number is then adjusted according to your age and occupation. . (Here is how you do the formula or just email me and I can do it for you).

Http://www.dir.ca.gov/dwc/pdr.pdf

Impairment percentage numbers equates to a certain dollar amount

http://www.pdratings.com/2010pdchart.pdf

If the employer cannot accommodate permanent modified work and the company employs over 50 employees at the time of policy inception, the permanent disability rate gets bumped up by 15%. (Regular rate is usually $230 per week, but can be bumped up to $264.50 if no modified work is offered- effective 60 days after your reached maximum medical improvement). Payments are paid bi-weekly.

Since your husband wants to keep his future medical open, he is only eligible for the settlement called a “Stipulation Award”. This basically stipulates and pays out only the permanent disability benefits and the insurance carrier covers lifetime medical for your husband. There is no more Vocational Rehab since 2004. California now only has school vouchers where the value is bound by the specific PD rating. The maxium amount is $10K.

The Stipulation Award is a great type of settlement, but it has it’s down sides.
1.) Most treatment needs to be pre-authorized.
2.) Treatment is subject to Utilization Review and must follow the American College of Occupational and Environmental Medicine (also known as ACOEM).
3.) You have to stay within the insurance carrier Medical Provider Network or MPN.

Good luck.