What Is a SIBTF Claim And Am I Entitled To Additional Money From The State Of California after my Workers Compensation Settles?

The Subsequent Injuries Benefit Trust Fund is a fund that was created to provide additional benefits to injured workers who suffer a work injury and had a pre-existing, labor disabling injury or condition, prior to the work injury. The prior disability can be from any cause, and thus does not have to be a prior […]

What if I am permanently unable to do the job I was doing when I was injured?

In a perfect world, you would get retraining to do another job. There is no more retraining benefit in California Workers Compensation. Vocational Rehabilitation was a retraining benefit until it got eliminated in 2003. Now, if you are unable to do your the job you held when injured, you may be entitled to a “coupon” […]

Am I Entitled To A Supplemental Job Displacement Voucher And $5,000 Return To Work Fund Money And How Can I Use The Voucher?

If an injured worker is unable to return to the job they were doing when they suffered the work injury, they may be due a Supplemental Job Displacement Voucher (“Voucher”). Entitlement will depend upon the opinions of the primary treating physician or Midical Legal Evaluator, and if the employer offered the worker permanent modified work, […]

How do I ensure my mileage and out of pocket expenses are paid?

You are entitled to be reimbursed for mileage related to treatment for the accepted body parts. It is important that you keep very good records of every time you go to the doctor, pick up prescriptions or travel to receive any other approved medical treatment. You are not reimbursed for mileage related to trips to […]

What is a Medicare Set Aside (MSA)?

There are special rules for when a MSA is required on a case, but it is always required when an injured worker decides, and the insurance company agrees, to settle their right to future medical care while receiving Medicare benefits. The goal of an MSA is to protect Medicare (tax payers) from paying for medical […]

How much do Workers Compensation attorneys charge?

Workers’ Compensation Attorneys usually charge 15% of the amount of the settlement amount. The fee on a Stipulation with Request for Award settlement is 15% of the dollar value of the permanent disability percentage. If you settle by Compromise and Release, the fee is 15% of the dollar amount of the entire settlement. You do […]

How does a Workers Compensation case get settled?

There are two basic types of settlement: Stipulation with Request for Award; and Compromise and Release. Stipulation with Request for Award is an open medical settlement. There is a “stipulation” or agreement about the percentage of permanent disability; the temporary disability paid; and that the insurance company will provide medical care for specific body parts […]

Should I settle my case with the Insurance Company?

You should not settle directly with the insurance company without consulting with a workers’ compensation attorney. Most workers’ compensation attorneys will be willing to review a proposed settlement without charge to make sure that it is fair. All settlements are also reviewed for adequacy by a judge. Before settling, you need to make sure that: […]

Can an attorney help me get the medical care that I need?

In most cases. Too many injured workers get referred to company doctors and clinics who are unsympathetic at best. Additionally, the insurance company will use utilization review to deny and limit medical treatment. A workers’ compensation attorney will evaluate your case and injuries and help you select an appropriate treating doctor. You cannot and should […]

Utilization Review (UR)/Independent Medical Review (IMR) – Denials of treatment

Denied medical treatment is front and center in the workers’ compensation debate regarding whether injured workers’ are treated fairly. The purpose of the system was to provide timely medical care and get injured workers back to work quickly. Our legislators, with the help of the insurance companies, have created a system where injured workers suffer […]

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