Asked
Questions
Leo Hernandez normally files his cases in a week after his client has met with him in person. He personally files the cases in court himself to make sure it's done properly and timely.
2. If I file a case, will I get fired?
It is against the law to fire an employee for filing a workers compensation claim. Most law abiding employers know it is illegal to fire an employee because of his or her intentions to file a workers compensation claim. There are some employers that do not know that it is illegal to fire the employee because they filed a workers compensation claim. If this happens, and the employee has a lawyer, many times all it takes is a letter from the attorney to the employer advising the employer of the prohibition for such wrongful termination. Therefore, the employee is reinstated with his or her job.
3. What if my employer ignores this law and fires me anyway?
If that happens, the attorney can file a petition with the workers compensation court demanding penalities, fines, and requesting reinstatement. This has to be done within one year of the date the employee was illegally terminated. There are also other remedies including, but not limited to, the filing of a civil suit for wrongful termination and violation of various California codes including The Fair Employment and Housing Act. These civil suits are not automatic; they must be requested from the attorney on a seperate contract and a complaint must be first filed by the employee with The California Department of Fair Employment and Housing. If the Department accepts the case they will prosecute it on behalf of the employee, at no charge to the employee. But if the Department rejects the complaint, the employee still can sue on his or her own in the civil court within one year of the date of rejection of the case by the Department.
4. Where can I get medical treatment?
The Attorney knows doctors that specialize in Workers Compensation, and will try to find some in your area. Even if the insurance rejects the claim the attorney knows doctors that will treat the patient on a lien basis. This is called "Treatment on a Lien," and the employee does not have to pay as long as the employee pursues his claim and do not falsify the existence of his employment and work injury.
5. What is the maximum monetary compensation a disabled worker can get?
Currently, the maximum temporary disability is $602.00 per week for injuries happening on 1/1/04, the maximum temporary disability is $720.00 per week. This means that if a worker is not able to work because of a temporary disability he or she suffered, he/she is eligible to receive two thirds of his or her weekly earnings up to a maximum of $602 per week or $720 per week if the accident happened on or after January 1st, 2004.
6. Who will pay for my medical bills?
By law, your employer, or your employer's insurance company must pay for all necessary medical bills. The employee never has to pay for medical bills out of his/her pocket. If he/she does, he/she is entitled to reimburshement without regards to deductibles nor co-payments.
7. How much will this cost?
The employee will not have to pay any upfront costs. All costs are paid at the end, including attorney fees. Attorney fees are usually set at 15% of what the employee wins in court.
8. By filing a case, will it effect my future employment?
Your workers compensation case is confidential-- your workers compensation file can only be accessed by companies or lawyers that are working in your particular claim. Therefore, future employers do not have a right to obtain this information, nor ask you if you've ever suffered a disabling injury in a job.