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Do I need to hire an attorney to keep my modification if the insurance company at my work doing everything to treat my injury

Los Angeles, CA |

Hi I am in California working for medical center .I lifted a patient and hurt my lower back . the insurance is treating me and sending me to physical therapy . I had prior injury to the same area 5 years ago but got better and had no pain at the time of this injury . I was put on temporary restrictions and was sent back to work .
I want to keep those modification permanent and life time medical for that injury . do I need to hire an attorney or they will give it to me . .I have bad disc rupture and severe deg disc dz on MRI .I still have severe low back and left leg pain from the injury.Please advise thanks

Attorney Answers 5

Posted

I don't think you need an attorney. I wouldn't recommend it unless your situation changes.

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Posted

You may want to bring your paperwork to an attorney to make sure that you are getting the proper amount of medical care and discuss the treatment you have received. As for whether your employer will offer you a permanent, modified job. That will very from employer to employer and depend if they can provide a reasonable accommodation.

There is a good chance you will not need an attorney, however free consultation with an attorney so that you know your rights will not hurt.

Good luck!

Disclaimers: 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. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO communication or any messages or emails from Silberman and Lam, LLP. An attorney/client relationship will begin only when a retainer has been signed.

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Posted

At the very least, you should consult with a reputable workers' compensation attorney with experience about your situation. Your employer will not give you an attorney. In fact, your employer may not even explain all rights' to which you are entitled, and most importantly, what "life time medical" means under Senate Bill 863. Do yourself a favor and talk to an attorney who has your interest in mind.

The answer provided herein does not create an attorney-client relationship and is only meant as general advice based on the limited facts presented. My general advice is based on California law and not of any other state in the United States or outside thereof. Contact an attorney immediately to ascertain all rights' you may be entitled to for optimal results and to avoid the loss of any rights' for failure to comport with any statute of limitations.

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Posted

Since you are still working, assuming the claim is accepted, you may not need to hire an attorney. If you are still within the first 90 days of your injury being reported, the insurance/TPA may issue a denial right at the 90 day mark. You defiantly want to consult an attorney if your claim is denied (They have 90 days to make this decision), before you select a QME, or if the employer says they cannot accommodate your work restrictions.
Regarding your work restrictions, your employer has a duty to meet with you in an “Interactive Process” to discuss if they can “Reasonably Accommodate” your work restrictions without “Undue Hardship.” Your employer may terminate you if you have work restrictions or if you exhaust 12 weeks of FMLA time but that termination may or may not be lawful under FEHA. If you are terminated without an Interactive Meeting or after an Interactive Meeting you likely should either file a complaint with the Department of Fair Employment and Housing or contact a reputable employment attorney.

Considering the risks involved with your injury and the potential consequences, you should consider going to the following website and finding a reputable WC attorney that also handles Employment Law: https://www.caaa.org/index.cfm?pg=FindaLawyerDirectory

Good Luck!

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Posted

You don't need an attorney this minute, BUT soon the employer will get a treatment request and it will be 'non-certified' (fancy word for refused) and you will be offered an Independent Medical Review which will further 'non-certify' your treatment (80%+ of IMRs are refused), then you will talk to a lawyer. And since the IMRs finding is binding for one year, you won't get the treatment your doctor wanted for a whole year....all because you didn't talk to the attorney BEFORE filing for that IMR.

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