From industrial injuries to Carpal Tunnel Syndrome, more than a million Californians a year suffer job-related injuries or illness. For many, receiving compensation can be a nightmare. This book shows you how to handle a California workers' compensation claim from start to finish. Let it guide you through the process of handling your claim from start to finish. Find out how to: file a claim protect your legal rights receive the medical care you need get the benefits you're entitled to deal with uncooperative employers, doctors and insurance agencies negotiate a settlement present your case before a judge It includes all the forms you need with step-by-step instructions to filling them out. The 4th edition provides new information regarding increases in permanent and temporary disability benefits, life pensions and death benefits, as well as tips on dealing with repetitive strain injuries.

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As a workers' compensation attorney, I advise injured workers about how the law applies to their particular workers' compensation claim. I have yet to talk to an injured worker who felt that the workers' compensation laws were fair or adequate. There is good reason for this. Legal limitations and restrictions as to how much an injured worker may recover result in many workers receiving inadequate benefits. Unfortunately, the workers' compensation system was not designed primarily to benefit the injured worker. Instead, it was created to protect employers and workers' compensation insurance companies by limiting their legal liability and obligations.
Despite these negatives, workers' compensation has evolved over the years to include some fairly decent worker protections. Although many of these are buried in hard-to-understand rules and procedures, informed workers who understand how the system works and are willing to assert their rights have a good chance of being treated fairly. Sadly, most workers have little, if any, knowledge about their workers' compensation rights. This book aims to change that.

This book can help you if you're handling your own workers' compensation case or filing a claim on someone else's behalf, such as a minor. (In legal terms, this is referred to as acting in the capacity of a Guardian ad Litem, where you file a workers' compensation claim on behalf of a minor or someone who is incompetent.) If you're represented by an attorney, she will be better able to guide you through the process if you're well-informed about workers' compensation procedures and understand the important decisions you'll need to make.

If you were injured on or after January 1, 1994, this book will provide up-to-date information on California workers' compensation laws. Due to changes in the law, this book cannot be relied on for injuries occurring prior to 1994, although it should still be very helpful.

INJURIES BETWEEN 1/1/90 AND 12/31/93
If you were injured before 1994 and your case hasn't settled yet, you will need to go beyond this book to find information that applies to your date of injury. Appendix 1 provides a summary of the important laws for injuries that occurred between 1/1/90 and 12/31/93. In addition, the Workers' Compensation Information and Assistance Unit provides free help, as discussed in Section C1, below.

LEGAL CITATIONS
Throughout this book, you'll see references to laws that govern the California workers' compensation system. If you want more information, you can look up these legal citations, as discussed in Chapter 27.

Labor Code (LC). The vast majority of workers' compensation laws are contained in the California Labor Code, the basic state laws that regulate employment matters.

California Code of Regulations (CCR). These rules and regulations expand upon, interpret and explain procedures for implementing and enforcing the California Labor Code.

United States Code (USC). Many laws that apply to people not covered by California workers' compensation laws can be found in the United States Code.



What Is Workers' Compensation?
Workers' compensation is a system of benefits set up to help employees who are injured on the job. If a worker dies as a result of work injuries, the employee's dependents are entitled to receive workers' compensation death benefits.

 

Part I: All About Workers' Compensation 1. Introduction to Workers' Compensation 2. Overview of a Workers' Compensation Claim 3. Is Your Injury Covered by Workers’ Compensation? 4. Cumulative Trauma Disorders Part II: Protecting Your Rights 5. What to Do If You're Injured 6. Keep Good Records to Protect Your Claim 7. The Insurance Company's Role 8. Dealing With Your Employer 9. Taking Charge of Your Medical Case 10. Medical-Legal Evaluations Part III: Workers' Compensation Benefits 11. Payment of Medical Benefits 12. Temporary Disability Benefits 13. Permanent Disability (and Life Pension) 14. Vocational Rehabilitation Benefits 15. Death Benefits 16. Extraordinary Workers’ Compensation Benefits and Remedies 17. Benefits and Remedies Outside the Workers' Compensation System Part IV: Settling Your Case 18. Rating Your Permanent Disability 19. Figure Out a Starting Settlement Amount 20. Negotiating a Settlement Part V: The Workers' Compensation Appeals Board 21. Preparing Your Case 22. Arranging for a Hearing or Trial 23. How to File and Serve Documents 24. Going to a Hearing or Trial 25. Appealing a Workers' Compensation Decision Part VI: Beyond This Book 26. Lawyers and Other Sources of Assistance 27. Legal Research 28. Case Law Review Appendices A1. Summary of Important Workers’ Compensation Laws for Injuries Between 1/1/90 and 12/31/93 A2. Temporary Disability Benefits Compensation Chart A3. Permanent Disability Indemnity Chart A4. Maximum Life Pension Weekly Payments for Injuries Between 7/1/96 and 12/31/02 A5. Workers' Compensation Forms A6. Workers' Compensation -- District Offices

Attorney Christopher A. Ball Christopher Ball graduated from Western State School of Law in 1975. He specializes in the practice of California Workers’ Compensation law, dedicating his practice solely to the representation of injured workers. Mr. Ball is a member of the California Applicants’ Attorneys Association and currently works out of the Ontario Office of Rose, Klein & Marias, a law firm that exclusively represents applicants in workers’ compensation cases. RK&M has eight offices throughout Southern California.

 

Take Charge of Your Worker's Compensation Claim by Chris A. Ball
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