Unfortunately, many injured workers wait until it is too late, or a crisis has occurred, before they consider hiring a workers compensation lawyer in Sacramento CA. The injured worker should consider the following facts:
The insurance company’s interests are not the same as those of the injured worker.
The workers’ compensation system is highly complex, with many procedural requirements and time limitations.
The insurance company has attorneys who represent their interests regarding the extent of your workers’ compensation benefits.
If an injured worker retains an attorney, there is no charge for the interview or for any services along the way. The attorney fee is 15% on all cases.
Injured workers usually consider retaining an attorney if they feel they are at a disadvantage in dealing with the insurance company, or any time that benefits are being denied. An injured worker should also consider having an attorney when they are going to have a need for continuing or lifetime medical care, or if they are going to end up with a permanent disability.
If a worker has a permanent disability but does not have an attorney, they are required to select a doctor off of a three doctor panel. The claim will be resolved based upon that doctor’s report. Unfortunately, if the worker does not agree with this doctor’s opinion, they do not then have the right to get a second medical opinion. Essentially, the injured worker is stuck with that doctor’s opinion. However, if the injured worker is represented by an attorney, the attorney can refer the worker to any qualified medical examiner. The attorney can select a doctor who will listen to all of the symptoms of the injured worker and prepare a report for the injured worker, not the company.
If the injury was caused by the negligence of someone other than the employer or a co-employee, an injured worker should consult with an attorney as soon as possible following an injury. In that case, an injured worker may have the right to bring a personal injury action in addition to a workers’ compensation claim. There are strict time guidelines in which a claim would have to be brought. Merely because a person is continuing to receive workers’ compensation benefits does not mean that the statute of limitations against the negligent party does not run. As a result, it is extremely important that an attorney be consulted in those types of cases.