Frequently Asked Questions
1. What types of benefits are available if I have been injured or disabled from my job?
Benefits include medical treatment (current and future) paid for by the employer’s insurance carrier, temporary disability benefits if you are unable to work temporarily because of your injury, permanent disability compensation if your injury is permanently disabling, and a supplemental job displacement voucher if you need to retrain to reenter the workforce once you are healed.
2. If the employer disputes my claim what can I do?
You can appeal the denial by gathering medical evidence and proceeding to a hearing before a Workers’ Compensation judge. The Law Office of Jamie S. Adler can assist you in getting the medical treatment and records you need, filing an Application for Adjudication on your behalf, and arguing your case before the appeals board.
3. How do I live without income if the insurance company denies my case or takes the full 90 days to make a decision about whether to accept or deny my case?
You can seek State Disability benefits from the Employment Development Department (EDD) while the Law Office of Jamie S. Adler fights the insurance company’s denial. During the initial 90-day claim investigation period, you are entitled to up to $10,000 in medical treatment paid for by the insurance company.
4. Can I recover money for pain and suffering in a workers’ compensation claim?
No, workers’ compensation law does not allow for recovery for pain and suffering.
5. Can I seek civil damages/sue in civil court for a Workers’ Compensation claim?
No, Workers’ Compensation is known as an “exclusive remedy” in California and we adjudicate cases at the Workers’ Compensation Appeals Board not in civil court.
6. Can I file a claim if my work caused me a psychological injury?
Yes, although generally you must be employed for at least six months to claim a cumulative psychological injury.
7. Can my employer legally retaliate against me for filing a workers’ compensation claim?
No, it is a violation of California law for an employee to be fired or discriminated against for filing a workers’ compensation claim or for making it known that he or she intends to file a claim.
The Law Office of Jamie S. Adler can help you if you were wrongfully terminated or discriminated against because you filed or want to file a workers’ compensation claim.
8. How do I know if I need an attorney?
Workers’ Compensation law is known for being extremely complex and can be very confusing if you are not experienced in the law. Insurance companies and their attorneys often take advantage of injured workers who don’t know their rights. Call the Law Office of Jamie S. Adler to even the playing field and to make sure you get all the medical treatment and monetary compensation you are entitled to under the law.