He's not your Average Joe!
He's a Workers'
Compensation Specialist!
Frequently Asked Questions
Click any of the questions to go to the answer.
- What is workers' compensation?
- What do I do after I get injured on the job?
- What are the workers’ compensation benefits?
- Who pays workers' compensation benefits?
- Are all on-the-job injuries covered by workers' compensation?
- Does workers' compensation cover only injuries or does it also cover long-term problems and illnesses?
- Do I have to be injured at my workplace to be covered by workers' compensation?
- Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
- If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
- What happens after I file the claim form?
- Can I ever sue my employer in court over a work-related injury?
- What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?
- Should I be informed about the physical and health hazards of materials I’m using in the workplace?
- How can I find out more about workers’ compensation?
What is workers' compensation?
Workers' compensation is a state-mandated insurance program that provides compensation to employees who suffer job-related injuries and illnesses. This means if you get hurt on the job, your employer is required by law to provide workers’ compensation benefits. An employee with a work-related illness or injury can get workers’ compensation benefits regardless of who was at fault -- the employee, the employer, a coworker, a customer, or some other third party. In exchange for these guaranteed benefits, employees usually do not have the right to sue the employer in court for damages for those injuries. While the federal government administers a workers’ comp program for federal and certain other types of employees, each state has its own laws and programs for workers’ compensation. For up-to-date information on workers’ comp in your state, contact your state’s workers’ compensation office. (You can find links to the appropriate office in your state on the State Workers’ Compensation Officials page of the U.S. Department of Labor’s website.)
Back to top Make an Appointment
What do I do after I get injured on the job?
Tell your supervisor right away. Get emergency treatment if needed. Fill out a workers’ compensation claim form and give it to your employer. Make sure you describe your injury completely.
Back to top Make an Appointment
What are the workers’ compensation benefits? Benefits can include medical care, temporary disability benefits (TD), permanent disability (PD) benefits, vocational rehabilitation or death benefits. The workers' compensation system also provides replacement income, medical expenses-On-the-job training, schooling, or job placement assistance. The benefits paid through workers' compensation, however, are almost always relatively modest. If you become temporarily unable to work, you'll usually receive two-thirds of your average wage up to a fixed ceiling. But because these payments are tax-free, if you received decent wages prior to your injury, you'll fare reasonably well in most states. You will be eligible for these wage-loss replacement benefits as soon as you've lost a few days of work because of an injury or illness that is covered by workers' compensation. If you become permanently unable to do the work you were doing prior to the injury, or unable to do any work at all, you may be eligible to receive long-term or lump-sum benefits. The amount of the payment will depend on the nature and extent of your injuries. If you anticipate a permanent work disability, contact your local workers' compensation office as soon as possible; these benefits are rather complex and may take a while to process.
Back to top Make an Appointment
Who pays workers' compensation benefits?
In most states, employers are required to purchase insurance for their employees from a workers' compensation insurance company (also called an insurance carrier). In some states, however, very small companies (with fewer than three or four employees) are not required to carry workers' compensation insurance. In some states, larger employers who are clearly financially stable are allowed to act as their own workers' compensation insurance companies (also called self-insuring).
When a worker is injured, his or her claim is filed with the insurance company -- or self-insuring employer -- who pays medical and disability benefits according to a state-approved formula.
Back to top Make an Appointment
Are all on-the-job injuries covered by workers' compensation?
Workers' compensation covers most, but not all, on-the-job injuries. The workers' compensation system is designed to provide benefits to injured workers, even if an injury is caused by the employer's or employee's carelessness. But there are some limits. Generally, injuries that happen because an employee is intoxicated or using illegal drugs are not covered by workers' compensation. Coverage may also be denied in situations involving: self-inflicted injuries (including those caused by a person who starts a fight)injuries suffered while a worker was committing a serious crime, injuries suffered while an employee was not on the job, and injuries suffered when an employee's conduct violated company policy.
Back to top Make an Appointment
Does workers' compensation cover only injuries or does it also cover long-term problems and illnesses?
Your injury need not be caused by an accident -- such as a fall from a ladder -- to be covered by workers' compensation. Many workers receive compensation for injuries that are caused by overuse or misuse over a long period of time -- for example, repetitive stress injuries such as carpal tunnel syndrome or back problems. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions -- for example, heart conditions, lung disease, and stress-related digestive problems.
Back to top Make an Appointment
Do I have to be injured at my workplace to be covered by workers' compensation?
No. As long as your injury is job-related, it's covered. For example, you will be covered if you are injured while traveling on business, doing a work-related errand, or even attending a required business-related social function.
Back to top Make an Appointment
Can I be treated by my own doctor and, if not, can I trust a doctor provided by my employer?
In some states, you have a right to see your own doctor if you make this request in writing before the injury occurs. More typically, however, injured workers are referred to a doctor recruited and paid for by their employers.
Your doctor's report will have a big impact upon the benefits you receive. Keep in mind that a doctor paid for by your employer's insurance company is not your friend. The desire to get future business from your employer or the insurance company may motivate a doctor to minimize the seriousness of your injury or to identify it as a preexisting condition. For example, if you injure your back and the doctor asks you if you have ever had back problems before, it would be unwise to treat the doctor to a 20-year history of every time you suffered a minor pain or ache. Just say "no" unless you really have suffered a significant previous injury or chronic condition.
Back to top Make an Appointment
If I am initially treated by an insurance company doctor, do I have a right to see my own doctor at some point?
State workers' compensation systems establish technical and often tricky rules in this area. Often, you have the right to ask for another doctor at the insurance company's expense if you clearly state that you don't like the one the insurance company provides, although there is sometimes a waiting period before you can get a second doctor. Also, if your injury is serious, you usually have the right to a second opinion. And in some states, after you are treated by an insurance company's doctor for a certain period (90 days is typical), you may have the automatic right to transfer your treatment to your own doctor or health plan, while the worker's compensation insurance company continues to pay the bill. Because the insurance company is paying, don't hesitate to go to a doctor who specializes in your injury or illness -- even if the cost is great.
To understand your rights, get a copy of your state's rules or, if necessary, research your state workers' compensation laws and regulations in the law library.
Back to top Make an Appointment
What happens after I file the claim form?
Your employer must fill out the form, sign the employer portion and give the form to a claims administrator. Your employer must give you copy of the completed form within one working day.
The claims administrator usually must decide within 90 days to accept or deny your claim If your claim is accepted, you receive paid medical care for your injury and may also be eligible for payments for lost wages If your claim is denied, this means the claim administrator believes your injury is not covered by workers’ compensation.
Back to top Make an Appointment
Can I ever sue my employer in court over a work-related injury?
Yes. If you are injured because of some reckless or intentional action on the part of your employer, you can bypass the workers' compensation system and sue your employer in court for a full range of damages, including punitive damages, pain and suffering, and mental anguish.
Back to top Make an Appointment
What if my employer tells me not to file a workers' compensation claim or threatens to fire me if I do?
In most states, it is a violation of the workers' compensation laws to retaliate against an employee for filing a workers' compensation claim. If this happens, immediately report it to your local workers' compensation office.
Back to top Make an Appointment
Should I be informed about the physical and health hazards of materials I’m using in the workplace?
Yes. Employers are required to provide information to their employees about hazardous substances to which they may be exposed through a written hazard communications program , which includes an inventory of hazardous substances, and through labels and other forms of warning, material safety data sheets (MSDS) and training.
Back to top Make an Appointment
How can I find out more about workers’ compensation?
Some of the best ways to find out more about workers’ compensation are: Talk to a supervisor or manager at work. Your employer is required to post information about workers’ compensation and give you written materials.
Back to top Make an Appointment
LAW OFFICE OF
JOSEPH A. KRITZER
3812 Sepulveda Blvd.
Torrance, CA 90505
Tel: (310) 373-6821
www.attorneyjosephkritzer.com
E-mail: jkritzer@msn.com
Driving Directions:
Click Here
Work accidents can be even worse when your Workers' Compensation insurance lets you down.
Your medical and living expenses keep stacking up while you try to get better without stressing yourself out.
You need someone to stand up for you and help the Workers' Compensation Company do the right thing for you!
It's time to call Joseph Kritzer! He's not your average Joe-
He's a Workers' Compensation Specialist.
LAW OFFICE OF
JOSEPH A. KRITZER
3812 Sepulveda Blvd.
Torrance, CA 90505
No Recovery - No Fee
Se Habla Español
(310) 373-6821
Mon.-Thurs. 9am-5pm
Fri 9am-12pm
LAW OFFICE OF
JOSEPH A. KRITZER
3812 Sepulveda Blvd.
Torrance, CA 90505
Tel: (310) 373-6821
Mon.-Thurs. 9am-5pm
Fri 9am-12pm
www.attorneyjosephkritzer.com
E-mail: info@josephakritzer.com
Driving Directions:
Click Here
