Understanding Workers' Compensation. California Work Comp Basics Explained. Work Comp Made Simple.
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- เผยแพร่เมื่อ 13 ต.ค. 2024
- In this video, I walk you through the lifespan of a typical workers compensation claim in California. I explain ever step in the process making it easy to understand. LOOK AT THE CHAT. I will be including video links to go deeper on various topics at the appropriate times in the video. I also include a simple chart to help you understand.
TH-cam only allowed 5 video cards. I will be adding into the chat where other videos on the subject should appear so you can go deeper on every topic.
Please note this information will only be relevant for injuries that are under the jurisdiction of California WCAB.
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Video Chapters
0:01 Why to watch this video
0:37 Work Comp Made Simple Series Introduction
0:54 Best way to use this video
1:17 Mike's story begins
2:03 Mike's injury
2:26 Date of Injury (DOI) Introduced
2:36 Work Comp Lifespan Chart
2:48 DWC-1 Claim Form Sample
3:07 Mike's Decision
3:43 DOI and 90 Day Decision Period
4:16 Decision Date
4:30 What Happens When a Claim is Accepted?
4:45 What Happens When a Claim is Denied?
5:05 Main Treatment Phase - Treatment Available
5:28 Main Treatment Phase - Work Status
5:38 Main Treatment Phase - Temporary Benefits. TTD
5:51 Permanent and Stationary (P&S)
6:12 How Benefits Change When Permanent and Stationary (P&S)
6:22 Why am I Permanent and Stationary (P&S)?
6:37 What does the QME or PTP final report include? Elements.
7:15 Case Settlement
7:23 Stipulation with Request for Award Settlement Option
7:38 Compromise and Release Settlement Option
7:50 Finalizing Settlement
8:07 Waiting for my check
8:17 How does a claim end when Stip?
8:31 How does a claim end when C&R?
9:08 Bloopers and Disclaimer
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TEXT "CONSULT" to (909) 266-0003 or Call us to get answers from an attorney.
We serve injured workers and fight for them to receive all their benefits especially medical treatment and compensation.
Hello, my name is Naomi. I have been practicing in Southern California since 2012. I opened my own firm because after seeing how the work comp "mills" functioned, I knew there was a better way. My firm is different because our clients are able to access their attorney and we focus on client education, so they are informed and feel comfortable throughout the entire work comp process.
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Gonzalez Law Firm, APC.
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© 2021 Gonzalez Law Firm, APC. All Rights Reserved. This video is not intended as legal advice, nor does it establish an attorney client relationship. Information provided is applicable in California Only. This video is intended for Gonzalez Law Firm clients only. Every case is different and certain statements may be not applicable to your case. This video is only applicable for Workers’ Compensation cases not other types of law. If you want information specific to your case contact Gonzalez Law Firm, APC.
Important Announcement: Our text message will be unavailable for 2 days to 4 weeks starting immediately because SMS registration has BLOCKED all texts. If you text us, we will not receive it unless our approval has been implemented. Do NOT text "Consult" right now. Instead please call (909) 266-0003 to speak with us if you would like a consultation. Thank you!
If only every work comp firm had this type of video for their clients. Sets correct expectations and a good understanding of the basics.
Thank you Sergio 😊
Naomi, Thank you for doing this series of videos, It was so helpful! I have been so confused about this process. I appreciate you 😊
You're welcome :-)
Best and most helpful video on worker’s compensation ever
Thanks Elliot :-)
I really enjoy 😊 this 😊👌information for injured workers thanks a lot for caring please take care mr Rios from Downey
Thank you Mr. Rios! 🙂
As per you when employee got injured he will text to attorney however he needs to tell employer first within 30 days and employer will assign an attorney if I am not wrong
@@AliAhmed-zp5ku You need to report your injury in writing within 30 days. If you didn't, still consult with an attorney as you may still be able to file. But NO, your employer will not assign you an attorney. The claim will be just you and the adjuster and possible a defense attorney, not on your side. This is until you hire an attorney if you choose to do so.
If you are in a union, sometimes the union may recommend an attorney to you. Then you can choose to take their recommendation or hire one on your own.
General info, not legal advice, not representing you.
Take care,
Naomi
Thank you for all the information. It’s so educational. The way you explain everything makes it so easy to understand.
Thank you Sandy!
What if you have no award coming and just want to give up everything can you just quit workers comp
@@ccmoreno9947 Yes, you can dismiss your claim and take nothing if you choose.
This video helped me a lot ❤❤❤❤...thank you so much ,❤️❤️❤️ even a small kid will understand 🙂🙂🙂 i am a person who learns from videos. And this is the best 🥰
Thank you Lieb 😊
Thank you
You're Welcome 🙂
Amazing video explaining the steps! Wish i found you first lol just had surgery now I'm on my final steps of this worker comp
Thanks Robert! Good luck with the last step :-)
- Naomi
Great Content! Thank you
Thank you HF :-)
Great information mam?
So let’s say you decide to go with the stipulation route…Will you still get the PD payment biweekly whilst also working at the same job?
Thanks,
You will not be required to quit and can work while getting PD since it is not considered a wage replacement. But they have to offer you a permanent job within your restrictions to keep working there.
General info, not legal advice, not representing you.
Naomi
@@GonzalezLawEmpower❤
God bless you mam!
Very informative
Thank you Mary. I appreciate it :-)
- Naomi
I really like your videos I do have your workers comp case going on one question that I have or maybe two questions I'm scheduled for surgery April 13th I've been collecting temporary disability loss wages because my job could not offer me modify work duty after my surgery and there's a settlement are they going to deduct surgery and tamper disability benefits this is driving me crazy because I keep hearing two sides to this some people say no that my case is worth a lot more due to surgery and some people say that they are going to deduct it I live here in California
Thank you for your question Edward,
You only pay back TTD if there has been an overpayment or duplication.
I go into more detail in this video breaking down what you keep in your settlement.
th-cam.com/video/RfN_pg4mWvM/w-d-xo.html
Hope this helps,
Naomi
I’m on my second lawyer going on two years with barely any progress 2 qmes over 25 wc appts seriously I’m over it !
Awesome
Thank you Trine 🙂
@@GonzalezLawEmpower Thank you for caring about people's rights..
case that is 16 years old has not settled. can you explain if there is any death benefits for my kid and husband if die as a result of work comp surgery complications.
So if my date of injury was on 7/1/2024 and 15 days later my case is accepted wjats my next step
I have a question for you I read all your chapters or listen to all your chapters sorry and the one where you said to go to famous what does finding N order an award I found to do those both mean two separate partial settlement checks
I'm sorry, I don't understand
I apologize for the wording I speak to my phone so I don’t have to text (lol) I meant EAMS
Need help, I am being represented already but I have no communication with my case manager, what can I do, I want to dissmiss or seek help with new representation .
I had my mmi in December but my lawyer want me to do an pqme for my headaches and other issues. I’m curious after the pqme report how long will it take before we can reach a settlement?
Thank you for your question Niko,
The QME has 30 days from your evaluation to issue his report. If both sides are not fighting the report, you might settle within a few months of the evaluation. If they are fighting, it will add time.
I go into more detail in this video below.
th-cam.com/video/bqto_WqVFhQ/w-d-xo.html
Hope this helps,
Naomi
Sorry, forgot to mention, this time period is only if the QME issues a final report i.e. he found you P&S. If he did not, you will probably need a re-evaluation later and then proceed to settlement.
Hi! I just reported my injury I did fill out something but never filled out any of these forms. They just have me on modified for now. What should I do?
Are you in California Clarissa?
Hello i have a question hopefully you could answer it, I have carpal tunnel on both arms, cubital tunnel on my right elbow and a herniated disk how do the doctor come up with the percentage of my injuries if i have multiple injuries to settle my case?
Oscar,
Thank you for your question. At the time you have reached permanent and stationary, your doctor will evaluate your injuries based on the AMA Guides with objective factors like dx tests and measurements and subjective factors like amount of pain and interference with your activities of daily living.
After there is impairment on each body part, your report will be rated and the WPI number from the doctor will be converted into PD permanent disability.
Then the parts will be combined via the combined values chart. Then you will know the PD value based on your date of injury in dollars.
Take care,
Naomi
How familiar are u with heat attacks at work case?
So my mri showed a chondral defect patella so now they sending me to a orthopedist when will this be over
Sorry to hear that.
You sound like you are still a long way from recovering. This video gives more time frames.
How long does a case take video
th-cam.com/video/bqto_WqVFhQ/w-d-xo.html
Best of luck,
Naomi
Was proper MPN notice provided as required by law?
Thank you for your comment
I plan to address MPN in greater detail in the next video in the series.
The MPN should be noticed. Usually comes in the initial paperwork from the insurance company.
- Naomi
@@GonzalezLawEmpower thanks...for responding..the MPN is not working for our injured workers
My case is pretty complicated. Contracted covid in nov of 2020 and was hostipalized for 2 months. The insurance company denied my claim. Been seeing multiple doctors that my lawyer sent me to and I have a pqme and a deposition in a few weeks. Not sure if my case will end in a settlement or not. Thoughts?
Thank you for your question Donald,
I am sorry to hear about your troubles. We have several "long haulers" for COVID as clients. Recovering can be really tricky and you have to be really careful with your health afterward.
Settling might be a good idea if your facts call for it. As this case is denied, if you settle while denied, then the insurance co will not most likely be on the hook for the full amount of your 2 month stay. So that would give them motivation to settle. Also, if you have a lot of complications continuing, they would love to not have to be liable for that as well.
However, your attorney will know how weak or strong of a case you have regarding if you actually contracted COVID from work and being able to prove that.
The amount of your settlement will vary greatly based on how strong of a case you have and how extensive your current injuries are. Even though you were hospitalized, your injuries are measured when you have recovered the most and are P&S.
If your private insurance covered your medical bills, fine, make sure you get enough for copays and estimated PD and future medical. But if you are being stuck with the bills for those 2 months, then you may need the defense to pick that up or to accept your case before settlement.
Also, for COVID long haulers in particular, it is always nice to get back into the private sector for medical treatment and out of workers comp because you often run into delays and denials that can worsen your condition.
Hope this helps. Listen to your attorney as they are familiar with your case.
Take care,
Naomi
My employer made me rewrite my injury report 3 times absolutely fraud lawyer ran a number by me but I think it should be more especially since I need surgery
How do I dismiss my case myself and how do I compensate my attorney if I dismiss my case. I want to be fair with him
If you have an attorney, you just tell them you want to dismiss your case. They can file the necessary paperwork.
But they will not be paid. If you want to pay them, you ask them to settle it. You probably won't get alot if you settle early for nominal amount but something is better than nothing for you and your attorney.
Good luck,
Naomi
I really need to talk to you. Please call me if it’s not too late. I got an email today saying I was supposed to go back to work today. They say my restrictions says I can lift 50 lbs etc
Already got you covered Cindy 🙂
@@GonzalezLawEmpower thank you so very much!! What a relief to have you on my side. Thanks again!!
Yo conosco a alguien que esta mintiendo mucho para agarrar mas dinero. Ocupo pruebas o puedo ser testigo por lo que vi. El ace trabajos pesados cuando va a México. Y aqui dice a su doctor que no puede acer nada. Eso para mi es un fraude.
Interpretation of above:
I know someone who is lying a lot to get more money. I have evidence or I can be a witness for what I saw. He does heavy work when he goes to Mexico. And here he tells his doctor that he can't do anything. That to me is a fraud.
Reply: normally no one but the injured worker is called as a witness. However, I've heard of people contacting the defense telling them they would be willing to testify against them. Usually it are ex that are bitter against them, so not a lot of credibility.
General info, not legal advice, not representing you.
Take care,
Naomi
Respuesta: normalmente nadie más que el trabajador lesionado es llamado como testigo. Sin embargo, he oído hablar de personas que se pusieron en contacto con la defensa y les dijeron que estarían dispuestas a testificar en su contra. Por lo general, son los ex los que están resentidos con ellos, por lo que no hay mucha credibilidad.
Información general, no asesoramiento legal, no lo representa.
Cuidarse,
Naomi
Ha
What type of lawyer would I need to file suit on low housing
@@mychaelstockton1832 Sounds like you might need a Landlord/Tenant and/or unlawful detainer attorney.
Thank you
You're welcome Ben :-)