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.

Request your 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 reimbursement, etc.

Call Thomas F. Martin, PLC today at (714) 594-5389 to begin your case.

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