Law Offices of Leo Hernandez

You know you have a workers comp case if you get injured at work or away from work while doing something for your employer. There are a lot of exceptions to this rule, but it would take a careful analysis of your case and the facts regarding the injury.

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.

Most cases are usually resolved within 9 months of the date that the doctor discharged the injured worker.

Currently, the maximum temporary disability is two-thirds of your weekly salary up to $986.69 per week for injuries occuring after 1/1/2010, for a maximum of 2 years.

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.

The value of your case depends on how much permanent disability the doctor says you have, when he/she discharges you. Other factors that decide the value of your case is how much future medical expenses the doctor says you might encounter to treat you work related disability. Permanent disability in workers compensation, could be partial, or total. This means that the value of your case will be much higher if you are found to be suffering from a total disability as opposed to a partial disability. Still, a partial disability could be worth over $100,000.

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.

If that happens, the attorney can file a petition with the workers compensation court demanding penalties, 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 separate 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.

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.

If your injury results in a permanent disability you are entitled to a voucher paying you for your schooling subject to the following amounts, occurred before 1/1/2004 you are entitled to re-training as well as a  weekly allowance of up to $246 while you are attending school. If your injury occurs on or after 1/1/04 you are entitled to a voucher paying you for your schooling; but you are therefore not entitled to weekly checks while in school.

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.

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 reimbursement without regards to deductibles nor co-payments.

An AME (Agreed Medical Examiner) and a QME (Qualified Medical Examiner) both examine injured workers to detetrmine the benefits they will recieve if there is a disagreement over the treating physician's opinions.

QMEs are independent physicians certified by the state Division of Workers Comp to complete medical evaluations. AMEs are agreed upon physicians that may be used when you have an attorney.

You and/or the claims administrator might disagree with what the treating doctor says. There could be disagreements over medical issues in your claim. A second doctor (the QME or AME) has to address those disagreements.

A deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. Defendants call for the "depo" in order to hear your view of the case. This can happen as little as zero times in a case to 5 or 6 times. The number of depos varys case by case.