Work Related Injuries, Your Rights To Treatment

Understanding Your Emloyee Rights In Case Of An
On-The-Job Injury.

You could be in a car, on a bike or motorcycle or even walking. Work related injuries now cover a wide range of situations. It is law that every employer must carry worker's compensation insurance and that every insurance company covers all situations. Even if some flaky company doesn't have insurance, the state has it for you.

A lifting injur that hurts your back, a fall, repetitive stress from use of your hands with computers or other tools: all these and many more are covered by workers' compensation insurance.

"But I also use my hands for other things. I play guitar, and I work on my car. How can I be sure that this came from work?" "My neck and back were hurt years before in an accident. But since this job it's gotten really bad. Am I covered or not?" The law states that a doctor must reach only 50% certainty that it came from work, to keep workers from being denied treatment. Here's a key question. "Did you have this same severity of problem before you began working like this?". Other information, too, will help us to reach the proper conclusion. regarding your exact situation. (If you need, we offer you a free consultation prior to beginning any treatment. Just call and ask for one.)

Although medical certainty is only required to be 50%, coverage for necessary health care is 100%. All costs of treatment are paid by insurance, not by the patient. And generally, once the case is started, it will be done until it is finished and you have been treated completely.

Work-related cases are "no-fault." That means you didn't need to be doing the RIGHT thing when the problem occurred. You may have been doing things all wrong, not even part of your job description. You're even covered just walking on the premises or driving on company-related activity. You are not required to have been responsible, correct in your actions, using your tools or body properly, or anything like that. The only exception to the no-fault part of the law, is if an injured worker was probably drunk or on illegal drugs at the time.

The insurance company or your employer has a right to control your health care for the first thirty days, if they wish. They can, however, allow you immediately to go to the doctor of your choice, and often do. This is one good reason to call us, and have us help you get your rights respected. We usually set up our treatment under the direction of our Medical Doctor and get easy and rapid authorization.

You can bypass the employer's right to be the first 30 days of medical control by simply giving them a form from our office that info9rms them BEFORE an injury that you have a physician on record that is yours to see. Then, by law, you can go where you want from the beginning.

At any time after the 30th day, you have the right to change doctors to one of your choice, if the employer exercised medical control for the first month.

And you always have the right to see the right physician to get well, no matter how many doctors you've seen before that have failed you. The right to appropriate treatment is fundamental to this system.

It is easy for us to help you understand if you have a valid work-related case and, if so, get it going, without stress to you. It is very illegal to fake or defraud workers' compensation, and honest activity is our clinic's unwavering policy. On the other hand, many times an employee's rights are not respected or utilized, and that is not fair either.

A common-sense, but informed, approach to these matters is what it takes.

There are other rights you as an injured worker could be entitle to, depending on the circumstances. Temporary time off work, with paid compensation is one. A permanent settlement, if permanent injury occurred, is another. Retraining costs for a new career, if your injury is of the type where you should not perform your old job again, is yet another. Many times we will get you the appropriate benefits without the use of a lawyer. In some instances a referral to a lawyer is the correct choice. We have experience in these matters.

It is important not to abuse the workers' compensation system. It is there to protect employees who are hurt from accidents, activities or exposures on the job that have harmed them.

It is equally important that we not abuse the rights of injured employees. Many times we've met people that seem like billiard balls bouncing around the table, seeing doctors they don't like, not getting well, and everything about their injury out of their control. That is a nightmare that we can be expected to wake you up from, and get things going right very promptly.

It is our job and responsibility to see that you get what you need and get well.

Now you do know all that!


Universal City Medical Wellness Group (UCMWG) is a Multidisciplinary & Complementary Alternative Medical Group near Universal Studios, Studio City, Hollywood, North Hollywood, Burbank & Toluca Lake, in L.A.

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