Frequently Asked Questions
WHAT DO YOU DO WHEN YOU SUFFERED A INJURY AT WORK.
1. Report The Injury To Your Employer.
You got injured at work. Now what do you do? The first thing immediately after your injury you must report the injury to your employer. Do this in writing (text, email, letter). When sending this written reporting of your work injury make sure to mention the following: "1. I got injured at work (list all body parts); 2. I was performing this job duties ___________; 3. I want medical attention". Make sure to keep record and do NOT erase that evidence. This is essential to fight your case if the workers compensation insurance denies your claim. Your employer should provide an "accident report". When you prepare the accident report make sure to mention all the body parts that you injured at work. If a body part hurts (regardless of what hurts most) you mention it. Once all parties have signed it request a copy (take a picture of it with your phone so you do not misplace it). If your employer fails to provide an incident report they are in violation of CA Labor Code. This will assist in claiming that since they failed to oblige as per CA LC the injury is presumed admitted by the employer.
2. Demand Medical Attention.
Your employer must now provide medical attention. Your employer will send you to an industrial clinic for treatment for your work injury. This industrial clinics will be favorable to the employer and the Workers Compensation Insurance company NOT you. Make sure to mention all your injuries to them. In fact, I highly recommend that you video record the whole interaction in your initial evaluation with the industrial clinic for your work injury. This will help to establish that you complained about all the symptoms in the initial consultation but that the industrial doctor failed to record it. More often than not the industrial clinics will fail to address all your injuries and then it is not recorded which affects the claim in the future.
What happens next? The workers compensation insurance carrier for your employer will be contacted and informed of your work injury. They will contact you shortly and begin an investigation. Remember this is a for profit business so the insurance company will find any way to escape liability. They will send an investigator to your home or call you to get information that can be detrimental to your case. Before this happens call Montoya Law to represent you in your work injury.
3. Call Montoya Law, A.P.C.
Remember the insurance company for your employer does not want you to get representation. They rather have the upper hand by having to deal with you who are a layperson and has no knowledge of your rights or CA Labor Code that protects your interest. The insurance company will assign an adjuster to your claim. This adjuster is trained to spend the least amount of money in your claim and get you back to work (regardless if you are ready or not). They will send you to industrial doctors (who are NOT looking out for your) and create a medical file against you. By providing reports that are not looking out for your best interest but theirs. At Montoya Law we have represented thousands of injured workers and have recovered Millions of dollars for our clients. We will get you medical attention with doctors that have your best interest at hand. Once ML takes over representation for your work injury our attorneys will not allow the insurance company to contact you. They have to through us hence no more taking advantage of you. The difference in representation can make a difference of Thousands to Millions of dollars in your settlement. Our proven record of holding one of the highest settlements in CA history for a work injury speaks for itself. CONTACT MONTOYA LAW if you have suffered an injury.
MY RIGHTS AS AN INJURED WORKER:
1. What Are My Rights If I Have An Accident At Work?
Injured workers are entitled to medical attention and compensation for your permanent disability once a doctor has declared you at Maximum Medical Improvement. While you are recovering from your injury (prior to being at Maximum Medical Improvement - MMI) and a doctor determines you cannot work due to the physical injuries of your work injury you are entitled to TTD (Temporary Totally Disability) benefits. This is payment while you are out of work to the date of Maximum Medical Improvement. This 2/3 of your wages prior to taxes. This benefits are limited to 2 years regardless if a doctor has not MMI you. Exceptions exist for traumatic brain injuries and catastrophic injuries.