Take Charge of Your Workers' Compensation Claim

by Ball, Christopher A.; Laurence, Bethany K.

• ISBN13: 9780873379090
• ISBN10: 0873379098
• Format: Paperback
• Copyright: 2003-03-01
• Publisher: Nolo

Summary

Finding a lawyer to take on your workers' compensation case in California can be difficult, if not impossible. Even if you do get legal help, understanding what's going on and getting results can be time consuming and frustrating. This book can help. If you're on your own, it gives you the information and forms you'll need to get every dollar you deserve. If you're represented by an attorney, it explains the process clearly and in plain-English, so you can make sense of your lawyer's advice, ensure you don't miss out on any benefits and put a stop to endless delays. Whether you have a computer-related repetitive strain injury or a slipped disc, Take Charge of Your Workers' Compensation Claim shows you how to do everything step by step. The 4th edition provides all new information regarding increases in permanent and temporary disability benefits, life pensions and death benefits, as well as tips on dealing with repetitive strain injuries. Book jacket.

Author Biography

Christopher Ball graduated from Western State School of Law in 1975. He specializes in the practice of California workers' compensation law, dedicating his practice solely to the representation of injured workers.

Table of Contents

Part I: All About Workers' Compensation
Introduction to Workers' Compensation
What Is Workers' Compensation?	2	(1)
What an Injured Worker Is Entitled To	3	(2)
Where to Get Additional Information and Help	5	(1)
How to Use This Book	5	(1)
What This Book Does Not Cover	6
Overview of a Workers' Compensation Claim
Notify Your Employer of the Injury	2	(1)
Get Medical Treatment If Needed	2	(1)
Paying for Medical Treatment If Employer Refuses Authorization	3	(1)
What to Tell the Doctor	3	(1)
The doctor Decides If You Need Time Off	3	(1)
Complete Workers' Compensation Claim Form and Application for Adjudication of Claim Form	4	(1)
Secure Control of Your Medical Care	4	(1)
Receive Temporary Disability Benefits If You're Eligible	4	(1)
Handling a Denial of Your Claim or Benefits	5	(1)
Taking Problems to the Appeals Board	5	(1)
After You Are Determined to Be Permanent and Stationary (P&S)	6	(1)
If You Recover Completely and Return to Work	6	(1)
If You Are Entitledl to Vocational Rehabilitation Benefits	6	(1)
If You Are Permanently Disabled---Negotiate a Final Settlement	7	(1)
Go to Trial If There Is No Settlement	7	(1)
Judgment Is Paid or the Matter Is Appealed	7
Is Your Injury Covered by Workers' Compensation?
Is Your Job Covered by Workers' Compensation?	2	(3)
Do You Have a Compensable Injury?	5	(4)
Injuries Not Coverd by Workers' Compensation	9
Cumulative Trauma Disorders
What Is a CTD?	3	(2)
Becoming Aware of Your Injury	5	(2)
Diagnosis and Treatment	7	(3)
Recovery and Permanent Injuries	10	(1)
Returning to the Workforce	11	(3)
Further Medical Treatment	14
Part II: protecting Your Rights
What to Do If You're Injured
Request Medical Treatment	2	(1)
Report the Injury Within 30 Days	3	(1)
File Your Workers' Compensation Claim	4	(11)
The Insurance Company's Answer	15	(1)
Take Steps to Protect Your Rights	15
Keep Good Records to Protect Your Claim
Set Up a Good Recordkeeping System	2	(1)
Read and Understand What You Receive in the Mail	2	(1)
Gather Important Records Pertaining to Your Claim	2	(5)
Request Copies of Documents and Evidence	7	(1)
Keep Your Address Current	7
The Insurance Company's Role
Self-Insured Employers	2	(1)
The Insurance Company's Responsibilities	3	(1)
Your Responsibilities As an Injured Worker	3	(1)
Who's Who in the Insurance Company	3	(2)
How to Deal With the Insurance Company	5	(3)
Tactics Insurance Companies Use to Deny or Minimize Claims	8	(2)
Settling Your Case	10
Dealing With Your Employer
Self-Insured Employers	2	(1)
The Employer/Insurance Company Relationship	2	(2)
The Employer's Responsibilities	4	(1)
If You're Out of Work Due to the Injury	5	(2)
Bankruptcy or Other Employer Financial Problems	7
Taking Charge of Your Medical Case
Important Role of the Treating Doctor	2	(4)
Choose Your Treating Doctor (Get Medical Control in Your Case)	6	(4)
Changing Treating Doctors	10	(4)
Be Sure You Receive Excellent Medical Care	14	(3)
When Your Condition Becomes Permanent and Stationary (P&S)	17
Medical-Legal Evaluations
Rules for Medical-Legal Evalauations	2	(2)
Compensability of Injury (Labor Code § 4060)	4	(2)
Nature and Extent of Permanent Disability or Need for Future Medical Treatment (Labor Code § 4061)	6	(3)
Other Issues to Be Resolved by Medical-Legal Evaluations (Labor Code § 4062)	9	(1)
Picking a Qualified Medical Examiner (QME)	10
Part III: Workers' Compensation Benefits
Payment of Medical Benefits
Payment for Current Medical Treatment and Evaluations	2	(2)
Future Medical Care Costs	4
Temporary Disability Benefits
Types of Temporary Disability	2	(1)
Amount of Temporary Disability Payments	3	(2)
How Payments Are Made	5
Permanent Disability (and Life Pension)
How Permanent Disability Payments Compensate You	2	(1)
Kinds of Permanent Disability Awards	3	(1)
Establishing Your Permanent Disability Status	3	(2)
How Permanent Disability Benefits Are Paid	5	(1)
Amount of Permanent Partial Disability Benefits	6	(2)
Life Pension Benefits	8	(1)
Permanent Total Disability Benefits	9
Vocational Rehabilitational Benefits
What Is Vocational Rehabilitation?	2	(2)
Six Steps in a Vocational Rehabilitation Plan	4	(2)
Eligibility for Vocational Rehabilitation (QIW Status)	6	(3)
How to Start Vocational Rehabilitation	9	(1)
Delays and Failure to Provide Rehabilitation Services	10	(1)
Preparing a Vocational Rehabilitation Plan	11	(5)
Completing a Vocational Rehabilitation Plan	16	(1)
Where to Get Help With Vocational Rehabilitation	16
Death Benefits
Who May Receive Death Benefits	2	(1)
Death Benefits Amount	3	(1)
Additional Payments for Dependent Minor Children	4	(1)
Burial Expense for Deceased Worker	5	(1)
Unpaid Temporary or Permanent Disability Payments	5	(1)
How Death Benefits Are Distributed	6
Extraordinary Workers' Compensation Benefits and Remedies
Subsequent Injuries Fund Benefits	2	(1)
The Uninsured Employers' Fund	3	(1)
Discrimination Benefits (Labor Code § 132(a))	3	(1)
Employer's Serious and Willful Misconduct	4
Benefits and Remedies Outside the Workers' Compensation System
State Disability (SDI)	2	(1)
Social Security Benefits	3	(1)
Claims or Lawsuits for Personal Injuries	4	(1)
Claims or Lawsuits Based on Discrimination	5
Part IV: Settling Your Case
Rating Your Permanent Disability
Overview of the Rating Process	3	(2)
What Is Involved in the Rating Process?	5	(1)
Step-by-Step Example of How to Rate a Disability	6	(16)
Other Considerations in Rating a Permanent Disability	22	(1)
How to Use the Old Rating Manual for Injuries That Occurred Before 4/1/97	23
Figure Out a Starting Settlement Amount
What You May Receive in Settlements	2	(1)
Two Kinds of Settlements	2	(3)
Determine the Value of Your Calim Using the Settlement Worksheet	5	(9)
What to Do Next	14
Negotiating a Settlement
Deciding Whether to Negotiate Your Own Settlement	2	(1)
The Concept of Compromising	3	(1)
How to Negotiate a Settlement	3	(5)
Review and Sign Settlement Documents	8	(15)
Attend an Adequacy Hearing	23
Part V: The Workers' Compensation Appeals Board
Preparing Your Case
Identify Possible Issues in Dispute	2	(3)
How to Prove (or Disprove) Disputed Issues	5	(2)
Depositions	7	(5)
Subpoenaing Witnesses and Documents	12	(3)
Preparing for a Pre-Trial Hearing	15	(2)
Preparing for a Trial	17
Arranging for a Hearing or Trial
Kinds of Hearings	2	(2)
Trial on Preliminary Issues (Case Not Ready to Settle)	4	(2)
Trial on Entire Case (the Case-in-Chief)	6	(1)
Complete Documents to Set Your Case for Hearing	7	(4)
Copy, Serve and File Documents	11	(2)
Receiving Notice of a Hearing	13
How to File and Serve Documents
What Is Service of Documents?	2	(1)
How to Serve Documents by Mail	3	(1)
How to Serve Documents Personally	4	(1)
How to Serve Documents by Fax	4	(2)
How to File Documents With the Workers' Compensation Appeals Board	6
Going to a Hearing or Trial
Finding Your Way Around the Appeals Board	2	(2)
Pre-Trial Conference (Mandatory Settlement Conference)	4	(11)
Trial	15	(6)
Findings and Award	21
Appealing a Workers' Compensation Decision
The Three-Step Appeal Process	2	(1)
Petition for Reconsideruction	2	(2)
Writ of Review With the Appellate Court	4	(1)
Writ of Appeal to the California Supreme Court	5
Part VI: Beyond This Book
Lawyers and Other Sources of Assistance
Information and Assistance Officers	2	(1)
Hiring a Lawyer	2	(1)
Legal Research
Find a Law Library	2	(1)
The Basics of Legal Research	2	(1)
Case Law Review
Is Your Injury Covered by Workers' Compensation?	3	(1)
What to Do If You're Injured	4	(1)
Taking Charge of Your Medical Case	5	(1)
Medical-Legal Evaluations	6	(1)
Payment of Medical Benefits	7	(1)
Temporary Disability Benefits	8	(1)
Permanent Disability (and Life Pension)	9	(3)
Vocational Rehabilitation Benefits	12	(1)
Death Benefits	13	(1)
Extraordinary Workers' Compensation Benefits and Remedies	14	(1)
Rating Your Permanent Disability	15	(1)
Figure Out a Starting Settlement Amount	16	(2)
Negotiating a Settlement	18	(1)
Preparing Your Case	19	(1)
Arranging for a Hearing or Trial	20	(1)
Going to a Hearing or Trial	20
Appendices
A1 Summary of Important Workers' Compensation Laws for Injuries Between 1/1/90 and 12/31/93
A2 Temporary Disability Benefits Compensation Chart
A3 Permanent Disability Indemnity Chart
A4 Maximum Life Pension Weekly Payments for Injuries Between 7/1/96 and 12/31/02
A5 Workers' Compensation Forms
A6 Workers' Compensation---District Offices