Rights of an Injured Worker
Call Our OC Workers’ Comp Attorney
When it comes to injured workers, California laws provide certain rights
and benefits to individuals who suffer a specific injury or cumulative
injury on the job. At Thomas F. Martin, PLC, our Orange County workers’
compensation attorney works to help you utilize your rights to compensation.
You have the right to receive various benefits, and we will work tenaciously
to help you achieve this goal.
There are three major considerations when a work injury occurs:
- Immediate medical care
- Temporary monetary benefits
- Full assessment to determine permanent benefits
Insurance companies may deny treatment requests made by their own network
physicians. Even when a physician prescribes treatment, insurance companies
often avoid the responsibility to authorize the treatment by delaying,
modifying, or even denying the request by using the complex, time-limited
maze called “utilization review” process. Whether the utilization
review was legally valid, and whether “independent medical review”
is available, often requires complex legal analysis.
A Medical Provider Network (MPN) is a group of physicians hand-picked by
an insurance company to provide medical treatment. However, whether an
MPN can legally require an injured worker to only use MPN physicians,
or may select his or her own physician, may require legal analysis.
complimentary review by calling (714) 594-5389.
Three Factors After a Workplace Injury
First, an injured worker’s rights include immediate care by a qualified
physician (or team of physicians) who will evaluate and treat all consequences
of an injury – not just the injuries an employer or insurance company
are willing to recognize. Often, medical treatment is withheld by the
insurance carrier while the claim is being investigated, even though the
law requires payment of medical treatment up to $10,000 during the investigation.
More often, insurance companies and their network physicians will only
treat part of the injuries and ignore the rest. However, the law requires
that all work related injuries and conditions be treated by the employer
and its insurance company.
Second, your rights as an injured worker mandate that certain temporary
wage replacement benefits (Total Temporary or Partial Temporary Disability
benefits) be promptly paid by the employer’s insurance company to
you when a work-related injury or condition forces you to miss time from
work. Often, insurance companies utilize physicians that return injured
workers to work before they are able to, or to the same duties that may
have caused injury in the first place. Also, TTD / TPD is paid at the
wrong – usually lower – rate than what is legally owed.
Third, at the conclusion at the active treatment process, an injured worker’s
rights include an assessment of all activities that have been permanently
limited as a consequence of the injury or condition, and an award of permanent
disability benefits based on the extent of those limitations. Sometimes,
a vocation expert is necessary to assist in the assessment, particularly
in career ending injuries. While there are other rights and benefits the
law provides to injured workers such as nursing care, medical mileage
Call Thomas F. Martin, PLC today at (714) 594-5389 to begin your case.