Workers' Compensation FAQs
Were you or a loved one hurt at work in San Diego County? You probably have lots of questions. Below are some top FAQs. If you have any other questions or want to find out if you need a workers' compensation attorney, call the Law Office of Robert A. McLaughlin now to arrange a free consultation: 866-324-9558 (receives calls from California numbers only) or locally at 619-354-4854. You also can contact us online.
- How does the claims process work?
- Can I sue my employer while I collect workers' compensation benefits?
- How can you help me get the medical care I need?
- The insurance company's doctor recommended medical care, but I've been denied treatment. Is that allowed?
If you are injured in a workplace accident, you must report the injury to your employer within 30 days. If your illness developed over time, report it as soon as you become aware of the connection to your job. The employer will give you a claim form. Filing this form begins the claims process.
In general, employees are eligible for 5 types of benefits under workers' compensation law. These include:
- Medical care for your injuries or illness
- Temporary disability benefits, if you unable to work for a short time
- Permanent disability benefits, if you don't make a full recovery
- Supplemental job displacement benefits, if you require retraining for a new job
- Death benefits-payment to spouse or dependents in the event the injury leads to death
The Law Office of Robert A. McLaughlin can guide you through every step of the claims process. We have the knowledge and experience to pursue successful claims, whether legal action is required or not.
No. Under workers' compensation laws, workers surrender their right to sue their employer when they agree to collect benefits after their injury. There may be certain exceptions, but in general, an injured worker collecting benefits cannot file a lawsuit against the employer.
However, Attorney Robert A. McLaughlin knows from experience that a lawyer is needed when dealing with workers' compensation claims. For example, some employers may discriminate against an employee returning from injury in retaliation. That is against the law, and legal intervention is often needed to put a stop to it.
Some employers contest workers' compensation claims. An experienced attorney can help you gather supporting evidence to prove that the injury occurred in the workplace and has left you unable to perform your duties. And if the claim is denied, an attorney can effectively make your case in all appeals and hearings.
Insurance companies and administrators look at workers' compensation claims in terms of dollars and cents. They want to pay as little as possible on the claim and make it go away. Because the law allows an employer to choose which doctor you see, you may be sent to a doctor who is likely to minimize the extent of your injury. If you need further medical care, you're on your own.
The Law Office of Robert A. McLaughlin will fight to make sure you get the medical care and therapy you need to make as full a recovery as possible. We can direct you to a doctor who can give you an unbiased second opinion, and use that information to contest the initial findings. We will collect all the documentation and evidence we need to prove your medical needs.
We have many years of experience in dealing with medical care related to workers' compensation cases. We know how to get a successful resolution for our clients. If you've been injured in a workplace accident, contact us to learn how we can get you medical care you need.
Unfortunately, yes. But you can request what is known as an independent medical review of the decision. Attorney Robert McLaughlin can help you with the IMR if you can't get the treatment you need. Please get in touch with us today for a free consultation. We also invite you to see the Law Office of Robert A. McLaughlin's blog post that further explores this medical treatment question.