Posts Tagged ‘employer’

SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB – PART 3

December 10, 2012

By: Richard H. Irwin, Esq.,
Certified Workers’ Compensation Specialist

5.    IF CONTACTED BY INSURANCE COMPANY – If you are contacted by the insurance carrier (or their investigator) regarding a “statement” that they want to obtain from you – if you are represented, contact your attorney immediately. If you are not represented let the person know that you will be more than willing to speak with them, but you will not agree to a recorded statement and you will not sign any statement.

Do not let them convince you that you must, by law or otherwise, provide a recorded or signed statement (other than a signed claim form )as to how your injury occurred, any previous injuries you have had, the doctors you are seeing, your current treatment or the parts of body you are claiming injured, as well as your current symptoms and complaints. It would be a mistake to either let your “statement” be recorded or let an interviewer prepare a statement and ask you to sign it. The reason for this is because, without proper representation, you could say something potentially damaging to your claim, say something that effects your ability to receive benefits or fail to state something that could have an equally disastrous consequence.

SEVEN MISTAKES YOU CAN AVOID WHEN INJURED ON THE JOB

July 30, 2012

By Richard H. Irwin, Esq.
Certified Workers’ Compensation Specialist
(State Bar of California)

1. REPORT THE INJURY – If you are injured on the job report your injury. Ask your employer or a DWC1 (claim form). Fill it our and request a copy for your own records.

If you work for a small company and you are uncertain if they are insured for work-related injuries or how they will treat you once you report your injury, immediately document the fact that you submitted a claim form. This can be done by requesting a copy signed as received by your employer/sending a letter to your employer confirming that you reported an injury on a certain date. You might even text your employer or supervisor if he or she uses a cell phone.

2. SEE THE DOCTOR – If you believe your injury requires medical treatment or evaluation, ask your employer to see a physician immediately. This is not only the best way to ensure that your injuries are attended to, but the best way to document your injuries.

In fact, when you see the physician make certain that you indicate all symptoms that you are having and parts of your body that you believe were injured. Failure to mention a symptom or part of body may be used against you if you pursue the claim further.

(CONTINUED ON OUR NEXT BLOG)

IS THE EMPLOYER RESPONSIBLE FOR INJURIES THAT OCCUR ON THE WAY TO OR FROM A MEDICAL APPOINTMENT?

June 20, 2012

By Debbie A. Beals, Paralegal to
Richard H. Irwin, Esq., Certified Workers Compensation Specialist

An employer bears the risk of incurring compensability liability under the California Workers’ Compensation Act for an injury suffered in route to or from a medical appointment related to an existing compensable injury.

If an employee suffers a new injury while traveling a reasonable distance, to or from a medical appointment for an existing compensable claim, the new injury will also be compensable. However, the employer will incur no liability if the employee travels an unreasonable distance to where the medical treatment was to occur and beyond “ the reasonable geographic area of his or her employer’s compensability risk.”

Each incident must be evaluated on a case-by-case basis with consideration being given to:

1) the location of the employee’s residence;
2) the location of employee’s workplace;
3) the location of the medical facility;
4) the location of the employee’s attorney;
5) the location where the new injury occurred;
6) the route the employee takes to deviate from an reasonable direct route to the medical facility;
7) the availability of providers or medical specialists;
8) the distance between the medical provider’s office and the employee’s point of departure; and
9) the employee’s reason why travel was beyond “the reasonable geographic area of his or her employer’s compensability of risk.”

Limited provisions is implied in Labor Code, Section 4600.

Heiting & Irwin has over 100 years combined experience assisting those who have suffered injuries due to the negligence of another, and has an entire department devoted to Workers’ Compensation matters supervised by Richard H. Irwin, a Board Certified Specialist in Worker’s Compensation. If you or someone you know has been injured, it is important to consult with an experienced, knowledgeable attorney in a timely fashion. To schedule a free consultation, please call our office at (951) 682-6400.