<p>The post Empowering Insights on Reporting Workplace Injuries & Workers’ Compensation Claims first appeared on Velilla Law Firm.</p>
]]>Embark on a journey through workers’ compensation law as Haylee Bramlet, host of The Legal Odyssey Podcast, engages in a compelling conversation with our very own Attorney, Milena Velilla. This enlightening conversation highlights crucial insights into the misconceptions surrounding insurance companies, emphasizes the importance of early legal intervention, and empowers injured workers with actionable advice on securing their rights.
In this exclusive interview, Milena unravels the nuances of workplace injuries alongside host Haylee. Together, they explore the essence of specific incidents versus cumulative traumas, demystifying the complexities often associated with understanding and obtaining workers’ compensation benefits as an injured worker.
Join this engaging conversation between Haylee and Milena, shedding light on the intricacies of workers’ compensation law. Gain valuable insights, uncover practical guidance, and embark on a journey toward understanding and advocating for equitable outcomes for injured workers. Dive in below or click here to listen to the podcast episode.
I grew up in Medellin, Colombia, and growing up, there was no real justice system. You could buy yourself out of any problem. There was a ton of crime. I remember being little and waiting by the window, making sure my parents would get home, because I was afraid that they were going to get kidnapped or murdered. Sure, it sounds really foreign now, because of being here in the United States for so long. When I moved to the United States, I saw a legal system that worked. I really wanted to be a part of that system. I decided to go to law school and eventually become a lawyer!
I initially thought I wanted to do criminal law, family law or immigration law. I wanted to do anything that I thought could help people of my Hispanic community. After law school, I was on vacation and my parents basically told me, Milena, it’s time to come home. It’s time to get a job, get it together. I was just job searching through UC Davis and I saw that one of my old law school friends had posted a job for a workers’ compensation law firm.
I had no idea what workers’ compensation was, butI thought, let me email her. When I emailed her, my only question was, “Do you enjoy your job?” And she said, “I love it. I get to have client contact. I get to go to court. I get to go to depositions and I’m really making an impact in the community.” And it sold me.
Usually when we talk about a workplace injury, we talk about either a specific injury or a cumulative trauma. A specific injury is when you’re walking up the stairs and you fall and you break your leg. It happened there, it’s a specific incident, that’s a specific injury. It doesn’t matter if you were at fault because workers’ compensation is a no-fault system. So it could have been that you were really clumsy and you fell, you still have a right to workers’ compensation benefits.
The second type of injury we deal with, it’s called cumulative trauma. Most people do not understand cumulative trauma because it’s not a specific injury. With cumulative trauma, we’re saying, say Joe, works as a construction worker and he’s been working doing construction for 20 years and now he needs shoulder replacement in his back. He might need diffusion or he’s having issues with his knees.
It’s not that he fell when this happened, it’s that working continuously doing the same heavy work for such a long period of time caused this issue. A cumulative trauma is a workplace injury. With a cumulative trauma, the employee would also be entitled to workers’ compensation benefits, just like in a specific injury. However, a lot of cumulative traumas initially get denied or delayed, and that’s when an attorney can really step in and try to help out.
It seems unfair that somebody gives their whole life to a company or to work, and then they’re unable to work and have no benefits, right? That is where recognizing cumulative trauma as a workplace injury becomes so critical. That’s where I get a lot of satisfaction, knowing that I’m helping someone who otherwise would have not even thought this is from work or figured out how to get the resources or the help they need.
I was listening to some of your previous episodes of The Legal Odyssey and there was a labor and employment attorney that was talking about wrongful termination. If you report a workplace injury and face any discrimination as a result of the report, that is discrimination because of being injured at work. In that situation, I would either file what’s called the 132A, which is a discrimination because of being injured at work action, or I would refer them to an employment attorney because employees are legally protected from discrimination because of being injured or reporting a workplace injury.
It’s important for employees to keep in mind that many employers carry workers’ compensation insurance to help cover them when an employee faces a workplace injury. It is also critical to hear that in most cases, there’s no retribution from the employer for reporting a workplace injury. It does happen, and when it does, having an attorney will help. If it is a situation where I feel like I, the expert in workers compensation law, can’t help, then I go ahead and refer them to a labor and employment attorney. Most of the time, the goal of the employer and the insurance and everyone surrounding the claim is to get that applicant or the injured worker in a position so they can return to work.
Do not be afraid to report your workplace injury and do not be afraid to get an attorney for your case if you need one. I see a lot of injured workers who are afraid to get an attorney because they are afraid that getting an attorney is going to shift the course of their employment. Again, just because an attorney becomes involved should not change the employer’s response or actions related to the case or claim. All the attorney is doing is protecting their rights and maximizing their benefits. It goes both ways, right? The insurance is going to try to minimize the benefits or to protect themselves, and my job is to protect an injured worker, an employee and to get a sort of equitable result.
Most of the time the injured worker will report the injury. They do not necessarily file a workers’ compensation claim. At that point, the employer is supposed to provide them with a DWC 1 Form, which declares the written report of the injury.
However, it could be different if someone has realized a cumulative trauma exists. For example, if somebody came into my office and said, I’m getting fired because I went to the doctor because my back really hurts, but they didn’t have a specific injury. I then have a conversation with them and ask questions to understand the nature of their work. Sometimes, we uncover that the injury they have or the change in their abilities to perform the same way as they did in the past is due to a cumulative trauma. In that case, we go ahead and file a cumulative trauma claim and I as the attorney would assist in filing that claim and reporting that cumulative trauma injury.
Workers compensation is designed to allow the injured worker to do this by themselves. However, as an injured worker, you are going against an insurance company that knows exactly what they’re doing. An insurance company that is working to minimize benefits paid out. Most injured workers do not know what they’re doing.
At any time during the whole process of an injury, an attorney can come in to help. It’s my position that the earlier on that you get an attorney, the better. At the end of the day, if you don’t get an attorney until the end of the case where there’s already a qualified medical evaluator and there’s already reports, getting out of that mess for the attorney is going to be a lot more difficult. Truthfully, a lot of attorneys won’t even take those cases because they’re too far down the rabbit hole for the attorney to step in and be able to make a huge difference for the injured worker.
There is a common misconception when an injured worker receives the paperwork from the insurance. Initially the injured worker may feel as though it’s like their personal insurance. They think insurance is supposed to help and work with you throughout the injury. They are not working for the injured worker.
I see some injured workers that end up in really bad situations because they think that the workers’ compensation insurance carrier is there to help them and is guiding them in the correct way. When in fact, their job is to minimize losses. To provide benefits, but provide just the benefits that are exactly due and minimize those. My job is to maximize those benefits.
The workers compensation insurance will send the injured worker to a particular doctor of their choosing. Most injured workers don’t know that they have the choice, or the right to, select another doctor. Often, when I come in as an attorney, I look at what doctors are within the network of that insurance and try to select a doctor that I think will advocate for my client or for the injured worker, and that will help the injured worker get better and obtain better results.
I would make sure that someone in the office of workers compensation attorney you call picks up the phone. I would make sure that if you speak Spanish or another language that either the attorney can speak that language or the staff is ready to be there and translate. I think open lines of communication between the workers’ compensation law firm and the injured worker are critical. I would also try to pick an attorney that’s closer in location to you. At the end of the day, if you have to go to court hearings or anything, you’re going to have to be present and the attorney is likely going to venue that case where their office is located. You want to be able to participate.
I can’t necessarily give you a solid timeline because the injured worker is going to go through treatment until they achieve what we call maximum medical improvement. Maximum medical improvement is basically when the doctors say you’re not going to get any better or any worse in the next six months. Basically, you have plateaued. Unfortunately, I can’t tell you how long that’s going to be. It is different for each injured worker and it is different for each injury. I have had cases that last about two to three years. I have had cases that have been about six months. It has the potential of being a really long recovery and therefore a relationship with your workers compensation attorney. In my caseload, I even have injuries that I’ve been dealing with since 2014, so almost 10 years. There are attorneys that have clients for a lot longer than that too.
Know your rights. The resources to understand your rights as an injured worker are readily available. If you go into the DIR website, it tells you what your rights are.
The Legal Odyssey Podcast is sponsored by LawyerGuide.com, the number one legal directory for finding an incredible attorney in your neighborhood. Whatever your legal issue, LawyerGuide.com will simplify the search to find the right attorney for your situation.
<p>The post Empowering Insights on Reporting Workplace Injuries & Workers’ Compensation Claims first appeared on Velilla Law Firm.</p>
]]><p>The post Can I appeal a refusal to pay workers’ comp benefits? first appeared on Velilla Law Firm.</p>
]]>Fortunately, it is possible to appeal a negative decision and, if you win, receive any benefits you may be entitled to.
There are many reasons why insurance companies choose to deny workers’ comp claims. These might include suspicion of fraud, preexisting medical conditions, failure to file paperwork on time, and more. However, insurers often make poor decisions and some go out of their way to avoid paying benefits to save money, denying workers of a rightful claim.
Don’t just file an appeal saying you don’t like the result. The more information you can give as to why you think it is wrong, the better. For instance:
You do not have unlimited time to file an appeal. Check the denial letter to see the deadline for doing so, but it is typically 20 days.
Preparing a solid appeal takes time and legal knowledge, both of which you may lack. It’s therefore in your interest to consider outside help to increase the chance that your appeal fares better than your initial application.
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]]><p>The post Does workers’ comp replace your travel expenses? first appeared on Velilla Law Firm.</p>
]]>But what about your transportation costs? For instance, say that you need to spend months doing rehab after your injury. You know that workers’ comp is supposed to pay for the bills at that rehab center, since they are a medical expense. But maybe the closest center is hours away from your home, and the travel expenses are going to be significant. Would you be compensated in any way, or do you just have to accept that cost?
The good news is that workers in California can be compensated for their mileage. This changes every year, allowing the amount of compensation to keep up with things like inflation. If the injury took place on or after January 1 in 2023, then the rate is 0.655 cents per mile. This is an increase from last year‘s rate of 0.625 cents per mile.
You may also be able to claim other “reasonable expenses” that go beyond the mileage you’re putting on your car or the gas that you are buying. Examples include things like parking passes or tolls for bridges and toll roads. Whether you’re traveling to go to rehab, therapy, a pharmacy, a doctor’s office or the local hospital, you may be able to seek these types of compensation.
The key is simply to know what steps to take and what legal options you have. Be sure you know how to proceed if you’ve been injured on the job.
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]]><p>The post Can you switch doctors during a workers’ comp claim? first appeared on Velilla Law Firm.</p>
]]>A supportive doctor should not only provide important medical treatment but also refer you to specialists, set work restrictions and be honest about whether you have a permanent disability. Suppose you’re unhappy with your doctor; you may wonder if you can be able to change physicians. Read along to learn what workers’ compensation laws in California stipulate.
Employers often direct the injured employee to an urgent care facility when workplace accidents occur. But what if you’re not happy with the pre designated medical provider? You can select your treating doctor in California if workers’ compensation insurance covers you.
Furthermore, you’ll need health insurance coverage and should have notified your employer of the same through writing before the workplace accident. And lastly, your preferred medical care provider under your separate health insurance coverage should have agreed to treat you if you are ever in a workplace accident.
This is to say that, in California, you can only change doctors if you had already designated a preferred medical care provider before the accident happened. This is to guarantee you can access reliable medical care when you need it.
Most of the time, workplace injury victims will only realize they aren’t happy with their medical provider after the treatment has begun. Suppose you feel your physician does not understand your unique treatment needs. In that case, you can switch doctors within 30 days after your work-related injury, but only if your insurance company or employer has no medical provider network ready.
Suppose you meet all prerequisites; the person handling your workers’ compensation claim will choose a new doctor for you. However, if you have a preferred medical provider, you can choose to work with them.
When you sustain a workplace injury, it’s important to trust the provider and feel supported by them. After all, their assessment will significantly impact how much you receive from your workers’ compensation claim.
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]]><p>The post Immigration status doesn’t affect workers’ compensation benefits in California first appeared on Velilla Law Firm.</p>
]]>California law extends the protection of workers’ compensation benefits to almost all professionals in the state. Workers in essentially any position can count on protection if they get hurt at work or develop a job-related medical condition. Benefits can pay for people’s healthcare after an injury. Workers can also apply for disability benefits that will replace their wages if their medical condition keeps them from working.
Some workers who could qualify for disability and healthcare benefits do not apply for workers’ compensation. They may have heard inaccurate information from others, possibly even their employers. Undocumented workers are among those who may not understand their rights after a workplace injury.
California law is very clear about the obligation of employers to workers of all circumstances. State law specifically clarifies that undocumented workers have the same rights as United States citizens in most work scenarios. It is someone’s employment arrangement and contributions at a company that make them eligible for workers’ compensation benefits. Essentially, they need to be accurately classified as a full-time or part-time employee – not an independent contractor – to be covered by workers’ comp. Their documentation status as an immigrant has no bearing on the right to workers’ compensation coverage.
Employers sometimes try to misrepresent the rights of workers to intimidate them out of applying, but workers shouldn’t have to forgo coverage because of their immigration status. If they know their rights, they can get benefits without worrying about deportation or losing their jobs.
If an employee has to make a claim and they believe that their employer will take issue with it, they may worry about retaliation. Employers sometimes punish workers for making use of their rights, including the right to request workers’ compensation benefits or accommodations while dealing with a medical issue.
If a worker understands their rights under both federal and California employment laws, they will have an easier time standing up for themselves after they get hurt on the job. Making a claim for workers’ compensation benefits may help cover a worker’s treatment cost and help them support their family if they get injured at work, regardless of their immigration status.
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]]><p>The post 3 reasons why your workers’ comp claim might be denied first appeared on Velilla Law Firm.</p>
]]>Unfortunately, many people who file workers’ comp claims are denied. There are a few common reasons a claim could be denied. Here’s how:
As a victim of workplace injuries or illnesses, you have to act fast when making a workers’ comp claim. Per California’s statute of limitations, you have one year from when you were injured to file a claim. You could have a lot of difficulties filing a claim if you miss the statute of limitations deadline.
One thing to remember when filing a workers’ comp claim is that you must have sustained your injuries while working. For example, driving to work and experiencing a vehicle accident likely won’t get you any benefits. But, if you drive for your job and suffer injuries after a car accident, then you may be eligible for benefits.
When you’re injured or develop an illness, you must make a report to your employer. Your employer will then have to file the proper paperwork for you to begin your workers’ comp claim.
If you were denied workers’ comp benefits, then you may need to learn your legal rights and take steps to appeal the decision.
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]]><p>The post Bill would ease the workers’ comp process for California nurses first appeared on Velilla Law Firm.</p>
]]>A bill introduced in the California State Assembly would create what’s called a “rebuttable presumption” that nurses and other front-line hospital workers who are suffering from certain conditions are work-related and therefore eligible for workers’ compensation. That means the connection to their work is assumed and doesn’t need to be proven. These conditions would include respiratory and infectious diseases, musculoskeletal injuries and post-traumatic stress disorder (PTSD).
The bill (AB 1156) was introduced by Assemblymember Mia Bonta. It’s got the support of the California Nurses Association (CNA). Assemblymember Bonta (who happens to be the wife of California Attorney General Rob Bonta) says she believes gender bias plays a role in what many believe is an unfair burden of proof.
She says, “Our frontline health care workers face a clear gender gap in presumptive access to worker’s compensation, simply because they are in a female-dominated profession. Simply put, there are certain injuries and illnesses that are presumed to be work-related for firefighters and police officers….Our healthcare heroes deserve the same presumption.”
In addition to facing risks from sick patients and the strenuous work that’s required to move, lift and turn over patients, nurses are also the victims of violence from patients and their family members. Those in emergency rooms often must deal with gang feuds and other violence that follows an injured person in.
Advocates for the bill say that in addition to doing what’s right, it can help with the dangerous trend of nurses leaving hospital work. The CNA president says, “Legislators who are serious about fixing the staffing crisis in California’s hospitals will quickly pass this legislation because it will make the decision to stay in the profession easier for skilled nurses.”
It remains to be seen what happens with this legislation. In the meantime, it’s crucial for all health care providers to get the workers’ compensation benefits to which they’re entitled for work-related injuries and illnesses. If you’re facing a claim denial, it may be wise to seek legal guidance.
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]]><p>The post 2 reasons to see a doctor if you are hurt at work first appeared on Velilla Law Firm.</p>
]]>Amidst the pain and confusion that comes with a workplace injury, however, it is important that you take the necessary steps to obtain the benefits you are entitled to. And besides reporting the accident to your employer per California workers’ compensation law, one of the most important steps you need to take following a work-related injury is seeking treatment.
Why is promptly seeing a doctor important? There are several compelling reasons why you need to seek treatment after your work-related injury or illness. Here are some of these reasons:
This is, perhaps, the most obvious reason to visit the doctor’s office as soon as possible following a workplace injury or illness. Not all injuries are created equal. While some injuries like cuts might be clearly apparent, it is not uncommon for hidden injuries like concussions to have delayed symptoms.
Seeking immediate medical attention will help you receive a proper diagnosis and prompt treatment for your injuries. Additionally, you will understand the scope of your injuries, and this is crucial for your workers’ compensation claim.
Besides your health, seeking treatment immediately after an injury at work can help you protect your legal rights. Under California workers’ compensation law, your benefits are intended to pay for your medical expenses as well as a percentage of lost income due to missed work.
If you do not seek treatment immediately, you will have a difficult time linking your injuries to the workplace accident in question. Consequently, both your employer and the insurance company might dispute the origin of your injuries – and this can lead to your claim’s denial.
If you are hurt at work or while advancing your employer’s interests, you have rights. Learning more about California workers’ compensation law can help you safeguard your rights and interests while pursuing the benefits you are due.
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]]><p>The post How to collect witness statements after a work injury first appeared on Velilla Law Firm.</p>
]]>The Division of Workers’ Compensation (DWC) will monitor the administration of your claim to assist you in disputes that may arise in the process. Nonetheless, for a more manageable process, it helps to have solid evidence, including witness statements.
Here is how you can collect witness statements after a work injury.
When you get into an accident at work, if possible, get the contact information of everyone at the scene. If you need immediate medical attention, inform a close colleague of the people at the accident location to collect their details.
In most cases, you may already have their details since you work with them. However, if you don’t or if you were injured in a department you don’t frequent, you should get this information.
When you report the injury to your employer, you will provide them with this information, so they can take witness statements from them.
If no one was around when you were injured, reporting immediately and getting medical attention can provide you with enough evidence to receive workers’ compensation benefits. Besides, you can use the video footage of the area in question. The lack of a witness does not make your case less valid. Thus, you should not avoid reporting or believing you won’t be eligible for benefits.
If you are injured while in the line of duty, it will help to get legal guidance to receive the compensation you deserve.
<p>The post How to collect witness statements after a work injury first appeared on Velilla Law Firm.</p>
]]><p>The post The duration of workers’ comp benefits in California first appeared on Velilla Law Firm.</p>
]]>One of the most important questions injured workers have is how long they can receive workers’ compensation benefits in California. The answer to this question depends on several factors, including the severity of the injury, the type of benefits being received and the worker’s ability to return to work.
One of California’s most common types of workers’ compensation benefits is temporary disability benefits. These benefits are designed to replace a portion of an injured worker’s wages while they cannot work due to their injury or illness. In California, temporary disability benefits can be paid for up to 104 weeks within a five-year period.
However, temporary disability benefits are not paid at 100% of an injured worker’s wages. Instead, they are calculated based on a percentage of the worker’s average weekly wage. The maximum weekly benefit for temporary disability in California is $1,619.15 as of 2023.
When injured workers cannot fully recover from their injury, they may be eligible for permanent disability benefits. These benefits are designed to provide ongoing financial support to workers who have sustained a permanent impairment due to their work-related injury or illness.
The permanent disability benefits an injured worker is eligible to receive depend on several factors, including the severity of the injury, the worker’s age and occupation. In California, permanent disability benefits are typically paid out over years rather than as a lump sum.
It’s important for workers who have been injured on the job to understand their rights and the benefits available to them. In California, the workers’ compensation system is designed to protect injured workers and provide them with the support they need to recover from their injuries and return to work.
<p>The post The duration of workers’ comp benefits in California first appeared on Velilla Law Firm.</p>
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