Documenting Your Workers’ Comp Case
Navigating the complexities of a workers’ compensation case alone can often feel like an uphill battle. Thomas F. Martin, PLC, is dedicated to guiding individuals through this challenging process, and ensuring they understand what is needed to prove their case successfully. Serving Santa Ana and all of Orange County, CA, our Mr. Martin brings over 30 years of experience and a personal touch to each case he decides to handle.
Proving a workers’ comp case requires many critical elements. First, it’s imperative to prove that the injury or illness has some connection to work. This means the incident, “wear and tear”, or illness occurred in the course and scope of your employment. Gathering and presenting this evidence is essential – this can include medical records, witness statements, and documentation of workplace safety violations.
Timely and formal reporting of the injury to your employer is another key step. Delaying this process can jeopardize your claim, or even bar your claim forever.
Once reported, seeking immediate medical attention not only aids in your recovery but also provides essential medical documentation that supports your claim.
Our firm understands the importance of a carefully documented case. We work closely with our clients to assemble a comprehensive evidence package for presentation to the Judge. This includes detailed medical evaluations from physicians who specialize in your type of injury, ensuring that your medical documentation accurately reflects the severity and scope of your injuries.
Another vital aspect is navigating the legal requirements and deadlines set by California workers’ compensation law. Mr. Martin’s 30 years of experience in handling cases throughout Orange County positions us to manage these procedural requirements effectively, ensuring that you secure the treatment and benefits you are entitled to.
At Thomas F. Martin, PLC, we believe in a personalized approach. Every case is unique, and we are dedicated to understanding the fine points of your case. By working closely with our clients, we can craft an effective case that meets the legal criteria for the workers’ compensation system.
Remember, the journey to proving a workers’ comp case can be complex, but you don’t have to face it alone. Our firm stands ready to support you every step of the way, leveraging our expertise to secure the benefits you deserve. If you’re in Santa Ana or anywhere in Orange County and need assistance with your workers’ comp claim, don’t hesitate to reach out to us. With over 30 years of experience, we offer a free consultation to discuss your situation and how we can assist you in protecting your rights. Call us at (714) 547-5025 to ensure you receive the support and protection you deserve.
What does “Whole Person Impairment” mean in California?
If you’ve been injured on the job in California and are seeking workers compensation benefits you may have come across the term “Whole Person Impairment” (WPI). Understanding what WPI is and how it impacts your eligibility for benefits is essential. In this blog post, we’ll demystify Whole Person Impairment in California and its significance regarding your entitlement to benefits.
Defining Whole Person Impairment (WPI)
Whole Person Impairment (WPI) plays a role in determining the extent of disability resulting from a workplace injury. WPI is an assessment that measures how much your injury affects your body considering physical factors and depending on the nature of the injury, emotional factors as well. It essentially represents the degree of impairment you’ve experienced due to your workplace injury.
Calculating WPI often involves an evaluation conducted by medical professionals referred to as a Qualified Medical Evaluator (QME) or an Agreed Medical Evaluator (AME). During this evaluation, several factors are taken into account;
• Reviewing Medical Records; Your medical history, diagnostic tests, and treatment records are carefully examined to determine the severity of your injury.
• Physical Examination; The evaluating physician will examine to assess the extent of impairments caused by the injury.
• Diagnostic Tests; Imaging studies, like X-rays, MRIs, or CT scans may be ordered to evaluate the impact of the injury.
• Psychological Assessment; In some cases, there might be an evaluation to assess any emotional issues related to the injury.
• Impairment Rating; Following the evaluation the physician assigns a WPI percentage that represents the impairment resulting from the injury.
How WPI Affects Your Workers’ Compensation Claim
In California, the percentage of Whole Person Impairment (WPI) plays a role in determining the amount of disability benefits you may qualify for. The severity of your impairment is directly linked to your WPI percentage, which in turn affects the compensation you could be entitled to.
To determine the value of your disability benefits California’s Workers Compensation system employs a formula that takes into account various factors such as your WPI percentage, age, occupation, and more.
When it comes to navigating the workers’ compensation process and comprehending how Whole Person Impairment impacts your claim it can be quite challenging. This is where workers’ compensation attorneys in California like those at Thomas F. Martin, PLC can offer support. They can ensure that your WPI is accurately assessed, guide you through the claims process and advocate for your right to receive full compensation.
Contact Thomas F Martin PLC at 714-547-5025 for your free evaluation.
WCAB Utilizes “LIFESIZE” Web Application For Hearings
The COVID-19 Pandemic has caused delays in taking testimony in California workers’ compensation trials since “in-person” testimony has not been possible since March of 2020. (more…)
COVID-19: 5 Solutions For Remote Testimony Before The WCAB
Agent 86 would be proud. We’ve come a long way in just a couple of months.
While COVID-19 has brought the California Superior Courts to a near standstill since March of 2020, the Workers Compensation system has continued to function remarkably well under the circumstances. (more…)
Assembly Bill 664 Will Reduce Frictional Costs
California Assembly Bill 664 would assure automatic workers compensation benefits for our first responders, so they don’t have to have to prove they contracted COVID-19 at their workplace before they get medical treatment and other benefits.
It makes sense to take care of our firefighters, police, and hospital workers on the front lines of the battle against this Coronavirus. They shouldn’t be forced to litigate whether they contracted the disease at work before they get the protections of the system.
But there is another good reason workers’ compensation stakeholders, including insurance companies, should be eager to join The Los Angeles Police Protective League and National Nurses United in support AB 664. The law would reduce the frictional costs associated with litigation because insurance company denials won’t have to fight in court.
For the same reasons, the legislature should quickly consider similar legislation to protect those who work in grocery, delivery, and other essential jobs that pose an elevated risk of Coronavirus exposure.
Coronavirus (COVID-19) Job Loss? 3 Things You Need To Know
If you lost your job due to the COVID-19 pandemic, here are 3 things to think about:
1. Did your employer use the pandemic as an excuse to lay you off?
While some businesses are legitimately laying off workers due to the financial challenges caused by the pandemic, others may be blaming the Coronavirus pandemic when the real motive to end the employment relationship is really for a different – and even illegal – reason. For example, if you have work-related injuries or conditions, an employer may see the pandemic as an “opportunity” to lay you off and try to hide their real reasons. In California, it is illegal to discriminate against an employee based on a work injury, age, race, or gender.
2. Is there a record of medical treatment before your layoff?
In workers’ compensation, While the general rule is that you must notify your employer of a work injury or condition before your notice of layoff, there are exceptions. For example, if you have seen a doctor for your work-related injuries or conditions before the layoff, you may still have a valid claim depending on the facts of your case.
3. Did you delay a work injury claim to “save your job”?
Let’s face it – filing a work injury claim with an employer risks retaliation, even in the best of times. That’s why many workers with legitimate work injury claims decide to “tough it out” and not report their injuries. When the employer decides to lay you off, however, you are left with no job and compromised health. The sooner you determine your rights, the better chance you have at securing workers’ compensation benefits, including medical treatment, temporary disability benefits, permanent injury compensation, and future medical care.
5 Things You Should Know About Coronavirus (COVID-19) and Workers’ Compensation Law
If your workplace exposed you to the Coronavirus (COVID-19), here are the 5 things you need to know:
1. The employer cannot blame you for the exposure to the Coronavirus
California has a “no-fault” workers compensation system, which means that all you have to prove is that the exposure happened at the workplace. If a co-worker or a member of the public is infected, and then you become infected, you may have a workers’ compensation claim against your employer.
2. Exposure to infected people triggers your rights
Your workers’ compensation claim does necessarily depend on finding the person that infected you. If your work exposed you to an infected co-worker or the nature of your job exposes you to the public more than the average person, then you have probably met the criteria for a claim.
3. This Coronavirus is more than the flu!
Early data suggests that if you are exposed, your symptoms could be mild, or you may not have any symptoms are all. Doctors and scientists are racing to determine whether there may be long term effects of COVID-19 – and early finding indicates there may be, unfortunately. A professor at Northwestern University’s Feinberg School of Medicine, Khalilah Gates, states that “some people’s bodies are producing way too much of an inflammatory response that’s harming critical organs like the lungs, kidneys, and heart.” A physician at Lenox Hill Hospital in New York, Len Horovitz, expects that some infected people who had a severe reaction to COVID-19 may later experience heart arrhythmias, congestive heart failure, and inflammation of the heart muscle.
4. Document your potential claim right away
Potential exposure to COVID-19 increases with time as we live our lives outside of the workplace and this reality will be used by the employers’ insurance company to avoid responsibility for your claim. Therefore, workplace exposure should be reported to your employer immediately, preferably by filing a claim form for workers’ compensation benefits.
5. Protect your health and your potential claim
Fortunately, COVID-19 infection does not appear to be life-threatening for most people. However, since it is too early to tell if even mild cases can have long term health effects, it is better to be “safe than sorry.” Employers have workers compensation insurance for a reason – to protect their employees. If you have been exposed to COVID-19 at the workplace, the potential effects on your health can be serious. Protect your potential claim by acting as early as possible.
COVID 19 (Coronavirus) – Straight Talk About Your Workers’ Compensation Rights
Insurance company lawyers are already coming up with strategies for employers so they can avoid their responsibility for COVID 19 exposure at the workplace. Disinformation abounds.
Here is what you need to know about your potential rights:
Were you exposed to COVID 19 at work?
You might be entitled to workers’ compensation benefits if your job placed you at higher risk than the general public for exposure to the virus. Those on the front line of the battle against COVID 19, doctors, nurses, lab workers, and ambulance drivers are good examples.
But what if you are not a first responder? Are you still potentially entitled to workers’ compensation protections? Potentially, yes.
Workers who are not staying home due to the Governor’s order are all potentially at higher risk for exposure to COVID 19 because of the nature of their work – grocery, transportation, and warehouse workers are all examples of workers that may be eligible for workers compensation protections.
Workers Compensation Benefits for COVID 19
COVID-19 Exposes Another Downside of Independent Contractor Status
For decades, I’ve been successfully litigating cases against businesses that insisted my client was an “independent contractor” instead of an employee. Why? Because the companies saved money by avoiding the cost of protections like workers’ compensation.
Over the last decade, California has seen an explosion of app-based businesses like Uber, Lyft, and DoorDash that regarded their workers as independent “gig” workers rather than employees.
In 2019, California stood firmly on the side of workers by enacting Assembly Bill 5, which seeks to protect “gig” workers with employee protections like workers’ compensation benefits if they suffer an injury.
Not surprisingly, the multi-billion dollar app-based companies went into full attack mode, claiming AB-5 would “jeopardize the freedom” of gig workers and are spending hundreds of millions of dollars to defeat the law.
Then COVID-19 came to California.
Now “gig” workers aren’t so sure about the “advantages” of being an independent contractor. Here is an excerpt of an email I recently received from a “gig” worker group:
“We’re demanding the state officials protect gig workers during the coronavirus pandemic by fully enforcing AB5 and ensuring workers have access to benefits like paid sick leave, disability, family leave and unemployment insurance.”
Of course, as an employee, workers’ compensation benefits would be available as well, thanks to AB5.
What difference a month makes.
Unsung Heroes During A Difficult Time
We may not have the time to recognize every one of the workers keeping our society functioning right now, but they are out certainly out there.
COVID–19 has made us all acutely aware of the critical role our scientists, doctors, nurses, and healthcare professionals play in keeping us safer. They all provide a measure of comfort to us during a time when there are more questions than answers. We are grateful for their dedication as this Coronavirus pandemic unfolds.
But there are less obvious, but no less essential, workers out there giving it their all.
As I walked down a supermarket aisle this week, I felt the anxiousness of the customers while they searched for the items they believed would best prepare them for what may lie ahead.
It was then I saw a hero.
Her contribution to keeping our community functioning and her dedication to her work won’t be featured on CNN, and some may argue she isn’t on the front lines of the battle against this Coronavirus. But that doesn’t make her role any less important. She is part of a network of workers that is keeping society functioning while we get through this.
It was evident by the quick pace of her work and her intense focus that she understood that she was participating in something bigger than just doing her job.
She is a supermarket stock clerk, and her contribution to society during this tough time makes her a hero in my book.