what happens california workers compensation case

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What happens in a California workers’ compensation case?

As Sacramento Workers’ Compensation Attorneys, we are regularly asked the very broad question: “What happens in a California workers’ compensation case?” We will answer some of the most common questions, so you have a better understanding of what happens in a California workers’ compensation case.

California Workers’ Compensation Case
What happens during the first 90 days after a workers' compensation injury? 

The first 90 days after a work-related injury is the most important time in the California workers' compensation process. The first thing you need to do is report your injury to your employer and complete a DWC-1 form to get the workers' compensation process started. Your employer technically has 90 days to investigate your claim, and they can control who you treat with during the first month of your injury. After the first 30 days, you can choose a new treating physician within the employers Medical Provider Network. You should also make sure your temporary disability payments are calculated correctly. A Sacramento Workers' Compensation Attorney can help explain your rights and help you resolve any issues if your claim becomes delayed or denied for any reason. Read More ...

Can I get medical treatment after a workers' compensation injury? 

You can start to receive medical treatment to treat your work-related injury after filing a claim for workers' compensation. Our Sacramento Workers' Compensation Attorneys can help you determine what type of medical treatment you are entitled and help you choose the right physician to treat your workers' compensation injury. The medical treatment you receive will usually be based on the American Medical Association Guidelines. Your primary treating physician has to request treatment with a formal Request for Authorization (RFA) and submit this to Utilization Review.  The Utilization Review has 5 days to either authorize or deny your treatment. If they deny your treatment, you can request an Independent Medical Review within 30 days from the denial. No matter where you are in the process, a Sacramento Workers' Compensation Attorney can guide you. Read More ...

What is a temporary disability? 

After filing a claim for workers' compensation, you may be granted temporary disability benefits, which is usually two-thirds of the gross wages you lost while you were recovering for your work-related injury. Our Sacramento Workers' Compensation Attorneys are often asked about when temporary disability starts and ends as well as how to calculate a person's temporary disability payments. We are also frequently asked whether you have to accept modified work and how other payments, such as State Disability Insurance and private disability insurance, can affect someone's temporary disability payments. Read More ...

What is a permanent disability? 

If you have suffered an on the job injury that has a lasting impairment on your ability to work for that employer, or another potential employer, then you may be able to receive permanent disability benefits. Our Sacramento Workers' Compensation Attorneys can help you determine if you have a permanent disability. We can also help you choose a Qualified Medical Examiner to evaluate you to determine your level of permanent disability. Read More ...

How are workers' compensation claims settled? 

If you are at the place where you are ready to settle your workers' compensation case, we highly recommend talking to a Sacramento Workers' Compensation Attorney. How and when you settle your case has a significant effect on your benefits, so it is important to talk to a knowledgeable attorney first. We can speak with you about the differences between a Compromise and Release compared to a Stipulation with Request for Award. Our attorneys can also help you determine if settling your case is in your best interest and what happens if you do not settle. Settling a workers' compensation case can be complicated, but our Sacramento Workers' Compensation Attorneys can explain everything you need to know. Read More ...

Can you receive additional compensation for a Serious and Willful claim?

To receive additional compensation for a Serious and Willful claim, you have to show that your employer's a ction or lack thereof caused your injury. Serious and willful misconduct is very different from negligence. The penalty for a serious and willful misconduct claim is quite significant. A Sacramento Workers' Compensation Attorney can guide you through the whole process of a serious and willful misconduct claim and let you know if you have a case. If you feel like you have a case, then you should contact a Sacramento Workers' Compensation Attorney today. Read More ...

Can you reopen a workers' compensation claim? 

While you generally cannot change your mind after settling a case, you may be able to reopen your workers' compensation claim within 5 years from the original injury if your injuries are worse, or your condition has deteriorated. Our Sacramento Workers' Compensation Attorneys can help you determine if you can reopen your workers' compensation case or if it is in your best interest to start a new claim. We can also guide you through the process and inform you of what information you should include in your petition to reopen a workers' compensation claim. Contact a Sacramento Workers' Compensation Attorney for a free consultation. Read More ...

As you can see, the question “what happens in a workers’ compensation system?” is extremely broad. Our Sacramento Workers’ Compensation Attorneys receive many questions about the workers’ compensation process everyday. If you have any questions about how to proceed with your workers’ compensation, you should contact our workers’ compensation attorneys in Sacramento today!