Leo H. Hernandez
Attorney at Law
Helping California’s injured workers since 1982.
© 2015 Leo H. Hernandez, Attorney at Law
Contact:
3330 Pico Blvd. Suite 2308
Santa Monica, CA 90405
(310) 452-1441
Fax: (310) 452-2075
Hours of Operation
Mondays - Thursdays: 8:30 am - 5:30 pm
Fridays: 8 am - 5 pm
The Nature of Workers’ Compensation
Workers’ Compensation proceedings, unlike damages for
personal injury claims, are heard and determined by a Workers’
Compensation Judge. There is no jury trial. Awards are based
on a percentage of Permanent Disability (PD) as determined by
the doctors assigned to your case and the current law.
Working With Us
If we take your case, the employer’s insurance company and
our office will send you to various doctors that specialize in
treating your specific conditions.
It is critical that you go to your doctor’s appointments.
They will act as proof for your claim and they will provide
you with the care you need. Your case cannot proceed if
you do not go to these appointments. Follow all medical
advice and work restrictions prescribed to you by your
doctor.
What to Do if You’re Injured on the Job
1. First, notify your employer. They are required to provide
you with medical treatment pertaining to your injury. You may
be sent to one of their preferred doctors or clinics (called
MPN, for Medical Provider Network).
2. Your employer must also give you a form called DWC-1
within one working day of the reported injury. You must fill it
out and sign it. It is essentially a report of the injury and
includes details like date of injury, type of injury, occupation,
etc.
3. Follow the doctor’s instructions and make sure that the
employer knows of any work restrictions the doctor may note.
If the doctor puts you on disability, make sure your employer
is aware of this.
4. Often times the treatment provided by the employer is not
enough. If the pain persists, give us a call at (310) 452-1441.
From there we can make an appointment to meet with the
attorney and file a claim for workers’ compensation benefits.
Cumulative Trauma
Sometimes an injury or illness takes a while to manifest and
may be the result of repeated trauma accumulated over many
years. An example of this may be back pain from years of
bending over and carrying heavy tools. So while there wasn’t
an exact accident that brought forth the pain, it is still a result
of working with heavy materials at your workplace. There are
many other examples of cumulative trauma, and the injuries
are not only limited to back pain. They could be also diseases
as well, such as cancers from working with asbestos and other
toxic materials.
Depression and Anxiety
Depression and anxiety are two types of illnesses that are
sometimes hard to see because they occur within the brain.
They can sometimes manifest themselves physiologically as
well, and you must go to a doctor to get a diagnosis. They can
occur from working a high tension job or from working in
unsafe conditions. Frequently injured workers become
depressed and need medical help following their injury. This
is either due to loss of their ability to do things they used to
enjoy because of their injury, or their inability to provide for
themselves and their family. Workers’ Compensation law
covers mental illnesses just as it does physical illnesses. You
will be given appropriate medical care from a licensed
psychiatrist.
NOTICE
Making a false or fraudulent workers’ compensation claim is a felony
subject to up to 5 years in prison or a fine of up to $50,000 or double
the value of the fraud, whichever is greater, or by both imprisonment
and fine.
Mandatory Legal Disclaimer:
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