California Workers’ Compensation Lawyer Straight Talk
If you are a seriously injured California worker – you need to know the facts of life. Here, a California Workers’ Compensation Lawyer gives it to you straight. No sugar added. Just good old fashioned truth. We will tell you the truth, even if that isn’t what you want to hear. Because the truth is what you need to hear.
Getting Medical Treatment
California workers’ compensation law provides that you are entitled to all reasonable and necessary medical care to cure or relieve the effects of your industrial injury. What is reasonable and what is necessary is often in big dispute with workers’ compensation insurance companies. In reality this means having to bring a claim before the Workers’ Compensation Appeals Board if the insurance company will not provide your medical treatment.
Under California Workers Compensation Law You Have A Right to See A Doctor of Your Own Choosing
Under California Workers’ Comp law, you have to go to the doctor that the insurance company chooses for the first 30 days. If your employer has an Medical Provider Network (MPN); after the first 30 days, you have the right to change to any doctor in the MPN. If your employer does not have an MPN, you can select your own doctor. After the first 30 days.
Using Your Health Insurance
If you need medical treatment and the workers’ compensation insurance company refuses to provide it to you, consider using your own health coverage to provide the medical treatment while the issues are being litigated at the Workers’ Compensation Appeals Board. Don’t be fooled by the word “Appeals.” The Workers’ Compensation Appeals Board is the trial court for California workers’ compensation claims. Your health plan can then file a “lien” in the case seeking reimbursement from the workers’ compensation carrier if the worker prevails at the Workers’ Compensation Appeals Board.
Medical Treatment On A Lien Basis
Another option is obtaining the needed medical treatment on a lien basis. Meaning, the doctor or medical group can provide you medical treatment. The doctor or medical group can file a lien and the Workers’ Compensation Judge can order the workers’ compensation insurance company to pay for the medical treatment.
Under no circumstances should you have to repay or pay for the medical treatment. Instead, the doctor or medical provider needs to go through the Workers’ Compensation Appeals Board in order to receive payment for the medical services provided for you due to your work injury. The Workers Compensation Appeals Board has jurisdiction over any controversy relating to the furnishing of medical treatment.
Disclaimer
This California Workers’ Compensation article is not legal advice. I am simplistic in order to achieve clarity. Your case may differ than those described in this article. If you are a seriously injured California worker you need to hire the best California Workers’ Compensation Lawyer that you can find. When you bring a court case, your credibility is at issue. If the Judge doesn’t believe you – you will lose your case. Always tell the truth.
