The Attorney Can Assist with Medical Care Problems

• If bills are not paid or denied, the attorney can file for an expedited hearing before the Workers' Compensation Appeals Board.  Hearings are set within a week or two of the request.  If prescribed treatment, appliances or medications are denied, the same procedure can be utilized.

• If it is found that a late payment of a bill or a denial of a bill is unreasonable, the employer or their insurance carrier would have to pay a penalty.  The penalty would be 25% of the delayed benefit.

The Attorney Can Ensure That Proper Benefits are Being Paid to the Injured Worker

• Often the amount of the disability benefit paid is insufficient or is denied.  The attorney can take the same steps at the Workers' Compensation Appeals Board as mentioned above to expedite the proper payment of disability.

• If there is a dispute regarding the treating doctor's opinion of disability, the attorney can take the necessary legal steps to protect the injured worker.  As with medical care, unreasonable delay or denial of disability benifits warrants a 25% penalty on the delayed benefit.

The Attorney Knows the Procedures the Employer Must Follow in Providing Rehabilitation Benefits

• If the procedures are not properly followed again, the injured worker has a right to appear before the Workers' Compensation Appeals Board and seek relief.

• Once rehabilitation is agreed to, the attorney helps select tthe counselor and oversees the rehabilitation process, including reviewing and signing the actual rehabilitation plan.

The Attorney Can Review Medical Reports, Obtain Consultative Evaluations, and Negotiate Settlement for the Injured Worker

• Once the treating doctor determines that the injured party is permanent and stationary (not expected to improve or get worse in the forseeable future), the attorney makes a determination whether the treating doctor's opinion accurately assesses the disability of the injured worker.  If it does not, the attorney can select another doctor well versed in Workers' Compensation law on behalf of the injured worker to obtain a second opinion.

• If a reasonable agreement cannot be reached to settle the injured worker's claim, the attorney will represent the injured worker before the Workers' Compensation Appeals Board.

• Once an attorney is retained, he must be kept informed at all times by the employer or insurance carrier.  This includes receiving all up to date medical reports and copies of all documents forwarded to the injured worker.  As questions arise, the injured worker is free to consult with his attorney in person or on the phone.