An article that appeared in the Durant Democrat describes a workplace accident that claimed the life of a man. Workplace accidents occur every day and, tragically, some of them result in fatalities. However, what if you are an injured victim who survived a workplace accident and you feel that a doctor did not adequately diagnose the extent of your injuries? Are you able to get a second medical opinion for a work injury?

In California, doctors in the state’s workers’ compensation system are required to supply evidence-based medical treatment, which means that they must choose treatments proven effective for work-related illnesses and injuries. They must follow treatment guidelines described in a medical treatment utilization schedule, which is a list of treatments best for injuries and illnesses.

Employers are also required to follow a program called the utilization review to ensure that a doctor’s plan for treating your injuries is medically sound. In most circumstances, an employee will have their workers’ compensation injuries treated by a doctor in the company’s health care network.

However, if you or your workers’ compensation claims administrator disagree with the doctor’s diagnosis or treatment, the doctor is required to address those disagreements. You may then be required to see a qualified medical evaluator who will conduct an examination of the diagnosis and prescribed treatment.

Many people injured in a workplace accident choose to consult with an experienced California accident attorney who can explain their rights under the law and California’s complicated workers’ compensation laws. If you’ve been injured and have questions about your rights and options, contact the Law Offices of Samer Habbas.

An article on the website of Manufacturer’s Monthly illustrates how catastrophic workplace injuries can be. A workplace accident can occur at virtually any workplace and injured workers are often unsure about what to do if they are injured at work. California accident lawyer Samer Habbas has helped countless clients injured at work in his many years of practicing law. Here is a brief list of what to do if you are injured at work:

1. A. Report the injury to your employer as soon as possible after the injury. If you suffer an injury or illness that has developed over time, report it to your employer as soon as you find out or believe that it has been caused in the course of your employment.

1. B. Seek medical treatment as soon as possible. If you need treatment right away, visit an emergency room. For injuries or illnesses that do not require immediate treatment, your employer may tell you where to go for an examination. Wherever you go for treatment, tell the health care professionals that the injury or illness is work-related.

1. C. Fill out a claim form. In California, your employer is required to provide you with a DWC Form 1, the claim form, within one working day after notification of your injury or illness. Fill out the form and return it to your employer.

A story that appeared in the Orlando Sentinel describes a workplace accident that injured an amusement park worker struck by a roller coaster. The story brings to mind a question; can an employer fire you if you sustain an injury at work? The answer is no. If you suffer an injury on the job, your employer must cover workers compensation benefits under the law.

However, you must also be able to perform the basic tasks associated with the position. If you are able to do so, the Americans with Disabilities Act (ADA) may provide protection. Under the ADA, your employer is obliged to try to accommodate your injuries by restructuring the job, installing modified equipment, adjusting the work schedule or using another approach.

If these measures cause undue hardship for the employer, the employer may not have to abide by the ADA. If you are unable to perform any aspect of the position, the employer may fire you but could be responsible for any work-related permanent disabilities through workers’ compensation benefits. By law, the employer pays for workers’ compensation benefits that cover:

• Medical care
• Temporary disability benefits
• Permanent disability benefits
• Supplemental job displacement benefits
• Death benefits

Workers’ compensation is a no-fault system. That means you don’t have to prove that your injuries were someone else’s fault to receive benefits. Most employers resolve workers’ compensation claims without any disagreement. However, if you feel that the employer or the workers’ compensation claim administrator is treating you unfairly, consult the California personl injury lawyers at the Law Offices of Samer Habbas about your rights under the law.

What should one do after reporting an injury to their employer?

Get a Workers’ Compensation Claim Form (DWC 1) from your employer within one working day after you report your injury or illness. If your employer doesn’t give you a claim form, you can get one from a California Information and Assistance officer.

What happens after the claim form is filed?

Your employer is required to fill out their portion of the form and turn it in to a claims administrator. Your employer is required to give you a copy of the form that you should keep for your records.

Can I be fired from the job because of injuries?

It is illegal for your employer to fire you because of your injury or for filling out a workers comp form.

When will I know whether my claim was accepted?

After filing the claim, you can be certain that your claim was accepted if you don’t hear from the claims administrator within 90 days.

If you or someone you care for was injured or suffered an illness on the job and wishes to speak with an experienced California workers’ compensation lawyer, call the Law Offices of Samer Habbas at 888.848.5084.