Question:

My claim for Workers Compensation's still open.Should I hire a lawyer for a better compensation+get some cash?

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I suffered a head injury with bleeding and even a seizure while at work. Since I was unconscious in the E/R my employer did file the claim then when I a bit stable I have the claim # already the next week.

Before I got the claim # I was always afraid of all medical expenses billed to me even though I knew that this is a work-related injuries. And this led me to some rejection and ignorance of me of some treatment needed. That's why the hospital asked me to sign an "Against Medical Advice" anytime I chose to disregard any treatment.

I live in So California and I believe I need a specialized lawyer now to claim my rights, to redirect my hospital bills already sent to me to the worker's comp. insurance regarding this injury...or at least to get some cash to cover some unexpected expenses.

Would you please share information about any good workers compensation attorney in so.california especially in Inland Empire area (Riverside/San Bdno) which can see my case without initial fee?

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5 ANSWERS


  1. A lawyer will take at least 33 1/2 of the settlement plus cost.

    I would suggest contacting the insurance company and forwarding all the bills you have received to them.  Also, the insurance should be paying all the bills for you.  

    You can always contact the Work Comp injury state regulation office (use a search engine to Find California State Work Comp Regulation) and request a hearing without a lawyer, that way you keep all the settlement.  In my state Work Comp is regulated and there is a  set amount for an injury, you aren't going to get any more by going with a lawyer than you would by talking to the insurance adjuster and company yourself.  

    Remember, if the insurance company doesn't know about the bill, they can't possible pay it.  Also if the insurance company isn't aware that you are off work, they wouldn't know to start your payments to you.  Contact your adjuster and talk to them.

    Are you positive that your employer had work comp insurance?


  2. You need to call your work comp adjuster.  Politely ask them that you where worried about bills and that your received some bills but you where not thinking straight at the time, no pun intended.  If your claim is accepted work comp should cover for the items.  If you paid for prescriptions or medicals out of your own pocket than tell the adjuster you paid for some stuff and show them the receipt, make sure it's the detailed copy and not the regular receipt.

    Call the hospital and tell them the work comp number and tell them to bill them.

  3. just look in the phone book or call information--you'll find tons of work comp lawyers.  they all work by a basic formula and for pretty much the same fee.  so ones basically as good as the other. since your employer did file a report on the day of the injury--any med bills should be covered---at least for that day.  if you didn't follow medical advice, then they have the right to deny the payments further down the line.  follow the medical advice---every state has benefits for an injured.  worker.  if you can't get any help,  call your state insurance commission.  i do agree with the poster above me--every state has a set benefit formula and payout that they will give a worker's comp claimant.  so an attorney is really not going to do much more than take 1/3 of your settlement.  however, if the insurance co keeps denying the bills, you should get an attorney

  4. Call your hospital & doctors & have them send all your bills to the workers comp company & give them your claim #.  This should take care of any bills coming to you.  Get your treatment, NOW.  Head injuries are serious.  You should also be getting lost wages while you are out of work, if you are still out of work, so that would take care of your expenses.  

    It usually takes a while before you get any "payout" on workers comp & a lawyer will only slow this process & you won't get any more than you would have gotten without one, at least at this point.  Workers comp will want you to treat & get yourself either cured or the best medically that you will get (meaning further treatment won't help anymore) before they decide on your disability, total or partial & % of disability, if you can be retrained for another job, if you are out of work completely, etc.  Then, based on your income before the accident, they will offer a settlement (it will be the same with or without an attorney).

    Wait before you hire an attorney, only hire one of the workers comp is WAY off on the % you are disabled & you can't come to any agreement with them.

    Workers comp cases can take a long time.  An attorney may just make everything go slower & will take a big chunk of any settlement you receive.  Is that really worth it?

  5. Call your adjuster, you should not ever have to walk out of a hopsital AMA.  If you had a seizure at work, fell and hit your head, only the treatment for the head laceration would be covered.  Not any treatment for the seizure.  I have a feeling you are not telling the entire story.  If you had a seizure, then you more than likely have some responsibility for the hospital bills.  However, if not, you need to be on your adjuster's case constantly until you get your total temporary compensation and your bills paid.  A lawyer will take part of your pay.  CALL YOUR ADJUSTER!!

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