Workers’ Comp for Broken Bones

California Workers Compensation Lawyer

Broken bones and fractures are common workplace injuries, especially in the construction industry due to the physical nature of the work. Broken bones can result in significant medical expenses as well as lost time from work. Fractures can take anywhere from 4 to 6 weeks to heal, depending upon the severity of the break.

Treatment for broken bones depends upon the location of and, again, on the severity of the break. For stable bone fractures, plastic or fiberglass casts are used to keep the bone in the correct position so that it can properly heal. However, in the case of shattered bones, severe fractures, or multiple breaks, surgery may be required to help fuse bones back together. In some cases, the fracture(s) can also affect other parts of the body — muscles, organs, and nerves — which would then require additional and more specialized treatment.

The bottom line — the more severe the injury, the more costly the medical treatment and the increased likelihood that there will be a temporary or permanent impact on your future earning potential. Workers’ comp for broken bones helps to cover medical expenses, loss of wages, and loss of future earnings.

The good news is that workers’ compensation claims for broken bones are easier to prove and result in fewer disputes vs. other types of injuries. X-ray images are compelling evidence as to the type and extent of the injury. However, the insurance company may refuse to provide fair compensation for your injuries. At Gold Country Workers’ Comp Center, we will ensure that your best interests are represented and that you not only receive proper medical care and treatment but the financial compensation that you are due.

Your job

The recovery time for a bone fracture(s) can vary depending on the severity and the type of treatment involved. Workers comp for broken bones will cover medical expenses and a percentage of your salary while you’re recovering. Additionally, the state provides disability benefits on a temporary or permanent basis.

If your injury is more severe, it could result in long-term problems which could have a permanent impact on your ability to return to the type of employment that you were originally trained in and could, therefore, affect your future earning potential. If this is the case, then you may be entitled to permanent disability benefits.

Your first step should be to speak with a workers’ comp attorney at Gold Country WorkersComp Center. We can advise you on the different types of disability benefits so that you can make an informed decision about the best way to file. You may be surprised by what the Workers’ Compensation system covers.

You need not be on your employer’s property to be covered. Under many circumstances, you don’t even need to be performing work for your employer at the time of injury in order to be covered. If you are injured on a business trip or in transit to or from something that benefited your employer in any way, you should be covered even if not performing job duties at the time of the injury.

If you are asked to stay or live somewhere that is owned or managed by your employer, even for a brief period of time, you should be covered whether you are performing work for your employer or not at the time of your injury.

Your rights

Broken bone injuries can cause you to miss time at work and can have many negative consequences. If the fracture is severe, surgery will more than likely be required to repair and/or realign the bone(s), resulting in a more lengthy recovery time. Furthermore, your ability to perform your job and other types of everyday activities in the future may be temporarily or permanently affected.

Getting an attorney involved early in the workers’compensation claim process is critical. Early intervention works. There are no extra costs involved and the initial consultation is free. The staff at Gold Country Workers’ Comp Center have extensive experience dealing with the workers’ comp system. Call us today for your free consultation.

Workers’ Comp for Broken Bones

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Do You Qualify for “Permanent” and “Stationary” Status?

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Permanent and stationary is a medical term that is used in California workers’ comp cases and is interchangeable with the term maximal medical improvement or MMI. If you’ve been injured on the job, a finding of permanent and stationary or “P&S” is made by a doctor when you’ve reached a point where your medical condition is no longer improving or getting worse; in other words, your condition has plateaued to the point where additional medical treatment will have no further benefit.

At this point in time, your doctor will then write a P&S report to the claims administrator indicating that you have a permanent disability. The report should include a description of :

  • Your specific medical problems
  • Work restrictions
  • Any future medical care that you may need
  • Whether you can return to your former job
  • An estimate of how much your disability is a result of your injury vs other causal factors
  • The impact that your injury has on normal life activities

Because this medical report will determine how much, if any, permanent disability resulted from your workplace injury and, ultimately, the amount of benefits to which you are entitled, it’s very important that you enlist the services of an attorney who is experienced in workers’ comp and disability law. Kim LaValley, workers’ comp attorney in California, has 40 years of experience handling cases involving workers’ compensation and disability law.

The doctor’s decision

After you reached permanent and stationary status, and your doctor has written your P&S report, that report will then be rated to determine the amount of permanent disability benefits to which you’re entitled. This amount is dependent upon a number factors including your age, occupation, the part(s) of your body that were injured, and the cause and extent of your disability.

Permanent disability ratings can range from 1% to 100% depending upon how much your disability affects your ability to work, either at your former job or a new occupation. If you receive a rating of 100%, you are considered to be totally disabled. Payments for permanent disability (PD) are payable to you in addition to any payments the you may receive for temporary disability (TD) and are over and above the cost of medical care.

Your best options

Problems can arise when it comes to determining the amount of permanent disability for which you’re are eligible for if you have a pre-existing disease or impairment to the part(s) of your body that was injured on the job. In other words, what percentage of your work injury resulted in your permanent disability vs. the percentage that may be due to a pre-existing condition. If there is any type of dispute about whether or not you’re permanently disabled or the extent of your disability, you may find that you’re not receiving the full amount of benefits to which you’re entitled.

California workers compensation attorney, Kim LaValley, of Gold Country Workers’ Comp Center will fight to get you the compensation and benefits that you deserve. Consulting with Kim early on in the workers’ comp claims process is critical to the success of your claim. Failure to do so can be costly in the end.

Call and schedule your free consultation with Kim LaValley today.

Do You Qualify for “Permanent” and “Stationary” Status?

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What if You’re Unable to do the Same Job After an Injury?

California Workers Compensation Lawyer

If you’ve been injured on the job, the nature of your injury may be such that you’re unable to do the same job after your recovery and/or rehabilitation is completed. This can be especially true when an accident in the workplace results in serious injury such as crushed limbs or multiple broken bones that require surgery and that may have had an impact on the surrounding muscles, organs, and nerves. Injuries such as this can permanently affect your overall health.

The rule of thumb for workplace injuries is that, the more severe the injury, the increased likelihood that the injury will not only affect your present earning potential, but any future earnings from this type of employment. If this is the case, you may be entitled to permanent disability benefits.

However, the workers’ comp carrier involved in your case will be looking out for their best interests and not yours. Therefore, it’s essential that you have an experienced workers’ comp attorney in your corner at the very beginning of the claims process to ensure that your best interests are being well-represented and that you are being afforded every right that is yours under California’s workers’ compensation laws. At Gold Country Workers Comp Center our focus is on workers’ comp and disability claims. Attorney Kim LaValley and staff have many years of experience when it comes to successfully litigating these types of cases.

Here at Gold Country Workers’ Comp, we can help you feel secure in the knowledge that the right decisions are being made to maximize your benefit package in a time when we know you really need the support. Following is a discussion of some of the critical issues that typically arise after an industrial injury.

You have legal rights and important decisions to make

If you’re unable to return to the same job after your workplace injury, you have legal rights in California. Under Section 4658 of the California Labor Code, you may be entitled to permanent disability payments if you do not recover completely and if your injury has resulted in measurable permanent physical or mental impairments. As per the code, the amount and duration of your benefits are determined by the extent of your disability as evaluated by a “Qualified Medical Evaluator” or “QME.” The QME will also detail your work restrictions to allow your employer to determine if they can re-employ you.

For this and many other purposes, an attorney can help insure you’re evaluated by the right doctor in the right area of specialization. Very rarely and, for very technical reasons, would I ever advise a client to use an orthopedist as a QME. It is VERY important for you to choose the right area of medical specialization. Do NOT allow the insurance carrier to choose the doctor. They know the reputations and biases of the various doctors whereas you do not. Many QMEs are very conservative in their perspective of whether an injury occurred as well as the levels of impairment that it caused.

If you do not respond quickly to an offer to see a QME, you will be at a significant disadvantage by allowing your employer or their insurance adjuster to choose the area of medical specialization and/or doctor in your case.

The QME details your medical restrictions for purposes of the “interactive process” noted just below and to allow your employer to determine if you can return to work for them again.

If your employer has five or more employees, he or she must proceed with a legally required “Interactive Process.” This is a formal discussion with you about your work restrictions and, if there is an available job within those restrictions that you are qualified to do, your employer must offer it to you as an alternate job or modified job.

Regardless of how many employees your employer has, for injuries after 2012, once your condition stabilizes, and becomes “permanent and stationary” or reaches maximal medical improvement, your employer must offer you a job paying 85% or more of your pre-injury earnings, guaranteed for a year, and close to your former work site. If your employer doesn’t make that offer for any reason, including, of course, your medical restrictions, you are entitled to payment for retraining under Section 4658.7 of the California Labor Code. This includes payment for tuition, fees, books, and other expenses for retraining. In addition, licensing and professional certification fees, exam, and exam prep fees are also included where applicable, BUT only up to $6000. (The rules are different for pre-2013 injuries.)

If your employer takes any action against you, including declining to rehire you for the sole reason that you have filed a claim, they are guilty of discrimination under the Labor Code.

While you have legal protection under the California Workers’ Compensation Laws, workers’ comp and disability claims have strict requirements about how and when to file as well as a variety of different deadlines that must be met. In addition, it can be confusing when it comes to the different types of disability that you may be entitled to — workers’ comp benefits, temporary vs permanent disability benefits, EDD State Disability benefits and Social Security disability benefits. Your best option to successfully navigate the claims process is to retain the services of the skilled attorneys at Gold Country Workers Comp Center.

Get our advice

Serious injuries in the workplace often result in an employee being unable to return to the same job that he or she did before the accident. While recovering from your injury should be your top priority, the thought of not being able to return to your current job and what that will mean for your future can be distressing.

Contact workers’ comp attorney Kim LaValley at Gold Country Workers’ Comp Center to schedule your free consultation. Our compassionate and knowledgeable staff will work diligently to ensure that you receive all the compensation and benefits to which you are entitled.

What if You’re Unable to do the Same Job After an Injury?

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Should You Call a Workers’ Comp Attorney?

Get Fair Compensation for your Workers Comp Case

If you suffered an injury while on the job, one of the first questions you’ll ask yourself is should you call a workers’ comp attorney. While the workers’ compensation system should be an easy one for workers to navigate, the claims process is not always that simple and can become confusing and frustrating. Even if you only suffer from a minor injury that requires minimal treatment, you can benefit from enlisting the services of a workers’ comp attorney early on in the process.

Failing to get legal advice can be very costly. Almost weekly, I am contacted by someone wanting legal advice about a Workers’ Compensation claim that is nearing resolution. And, more often than not , they have made mistakes, some very serious, that the insurance company has exploited to the company’s considerable advantage. And, the dollar value of these mistakes often far exceeds any attorney’s fee that would have been charged.

My name is Kim LaValley, and at Gold Country Workers’ Comp Center, I will meet with you for a free consultation. My firm will fight to get you the compensation that you deserve. By calling our workers’ comp phone number and obtaining our legal services at the outset of your claim, you’ll have the benefit of our expert legal advice and representation throughout the entire process.

How we can help

Kim will advise you as to whether you need an attorney at the outset or not. Even if your case isn’t accepted for one reason or another, you will benefit greatly from gaining an understanding of your basic rights and by becoming aware of the events that should trigger a call for more legal help.

Kim LaValley at the Gold Country Workers’ Comp center doesn’t charge by the hour. We work on a contingency basis which means that we receive a percentage of any benefits that they help to secure for you. Most states place a cap on attorneys’ fees in workers’ comp cases. The typical contingency fee in workers’ comp cases in California is between 9% and 15%.

Your first consultation

Consulting with an workers comp attorney early on helps to ensure that you get all the benefits to you which are entitled and that those benefits flow smoothly to you without any disruptions. Kim LaValley has 40 years of experience as a practicing attorney. I have a very good understanding of workers’ comp and disability law and am very knowledgeable when it comes to negotiating with insurance companies.

Should You Call a Workers’ Comp Attorney?

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Tell us About Your Situation

California Workers Compensation Lawyer

There are many situations in which it’s in your best interest to hire a workers’ comp attorney if you’ve been injured at work. Most of these involve disputes with the insurance company and may include the following:

  • You’ve suffered an injury or disease and don’t know whether you have technically been injured “on the job” or not. If in doubt, ask!
  • Your claim is denied or delayed
  • Lost wages and/or medical bills are not completely covered, or if paid, are paid at a rate below what the law requires
  • You receive a notice that your disability benefits are ending
  • The claims adjuster has offered you a “QME.” (A “Qualified Medical Examination” is a critical juncture in a Workers’ Comp claims process) DO NOT LET THE ADJUSTER CHOOSE EITHER THE AREA OF SPECIALIZATION OR CHOOSE THE SPECIFIC DOCTOR TO EVALUATE YOUR MEDICAL CONDITION FOR ANY PURPOSE
  • The claims adjuster wants to take a recorded statement from you
  • You can’t return to the same position or cannot work at all
  • You have sustained permanent injuries and need permanent disability benefits
  • Medical treatment is denied
  • You may have an additional claim vs. a 3d party, or your employer acted in such a way that you are entitled to penalties

Additionally, if you receive benefits from Social Security, or EDD/State Disability, the SSA or EDD may be entitled to a large part of your workers’ comp benefits if your settlement is not structured properly.

Finding the Right Assistance

Whatever your situation, Kim LaValley and the staff at Gold Country Workers’ Comp Center will work diligently to make sure that you’re getting the best legal representation available and that you’re fully and fairly compensated.

We promise you will feel secure and protected, solid in the knowledge that we’ve got everything covered for you and that we’re doing everything that can be done to support you. Our staff will help you explore and pursue other sources of financial support during this difficult time.

Our phone number is…

Early intervention in a workers’ comp case works. The rules and regulations of the workers’ comp system are often complex — lots of paperwork is required, and there are deadlines and legal time limits that need to be met. Employers and insurance companies spend a lot of time and money in an effort to minimize their financial obligations to you; in other words, they’re not looking out for your best interests.

If you’ve decided to get legal representation, you want to hire the best workers’ comp lawyer to ensure the success of your claim. That would be Kim LaValley at Gold Country Workers’ Comp Center. Call our workers comp attorney phone number if you’ve suffered an injury at work. Call now to schedule your free consultation today.

Tell us About Your Situation

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