Frequently Asked Questions
1. I was hurt on the job, do I need a lawyer?
2. I was hurt on the job, what happens now?
3. The system didn't work perfectly, so now what?
4. How can a lawyer assist me?
5. Do I have other benefits if I am hurt?
6. What are the charges for your services?
7. I have a question about my case, what should I do?
8. Why should I choose Ufkes & Bright to represent me?
1. I was recently injured on the job, do I need a lawyer?
The decision to hire an attorney is yours. The Labor Code was designed to help injured workers with lawyers and without lawyer. However, the insurance company handling your claim is a business, and like any other business, it's main goal is to make money. The representative from the insurance company may be friendly and cooperative, but remember: Making sure you get the maximum benefits the law allows is not their job. Having an attorney assist you with your claim is no guarantee that you will see an increase in benefits, but you cannot be punished or penalized by the insurance company for getting legal assistance, and in almost every case, if your attorney is well versed in current Worker's Compensation law, the benefits you receive will likely be more, sometime much more, than if you try to handle your claim yourself.
2. I was hurt at work, what happens now?
You have rights. First of all, your employer probably sent you to their doctor after you were hurt. If you are not comfortable with this doctor or facility, you have the option of switching doctors soon after your injury.
Your doctor might say you a) can't work or b) might give you “work restrictions” and your employer can't give you a job that fits those restrictions. If that happens, you do not have to work and are entitled to receive 2/3 of your wage/salary until your doctor decides you can return to work or your employer can give you a job with the restrictions. This is called “temporary disability”.
If your doctor feels you can work while you recover, or you are receiving “temporary disability” payments, you will be under the care of a doctor. During this time, you will receive medical care in an effort to heal and get you back to the physical level you were before your injury.
If the system worked perfectly, you would receive all of your money benefits on time, all of the medical treatment would be authorized in a timely manner, and the insurance company would offer you a fair settlement when you have recovered from your injuries. Unfortunately, this almost never happens.
3. The system didn't work perfectly, so now what?
This is why injured workers are better off with legal representation. The insurance companies will do everything from “short-change” you on your cash benefits to deny medical treatment to purposely send you to doctors they know will help them out, not you.
Switching Doctors: The insurance companies have lists of approved doctors on their own Medical Provider Networks (M.P.N.). Thankfully, we are familiar with many, many doctors in the Southern California area and many doctors we would feel comfortable sending you to are on these Networks. Many doctors we wouldn't ever, ever send anyone to are also on these lists. An advantage to having an attorney is that we can make sure we will send you to a doctor that will consider your medical needs before worrying about the insurance company's financial interests. And if you aren't comfortable with the doctor we help you choose, we can always help you choose another until you find a doctor that you are comfortable with.
Denial of Disability Benefits: There are many situations that an insurance company will use to deny paying your Temporary Disability Benefits. If this happens, we can assist you in asking the Court (Worker's Compensation Appeals Board - W.C.A.B.) to resolve the issue by Court intervention or through the use of a neutral doctor.
Denial of Medical Treatment: As with money benefits, we can resolve these issues in Court or with the use of a neutral doctor.
4. How can a lawyer assist me?
Denied Case: You may have been injured on the job, but for whatever reason, your employer and/or the insurance company claims that you were not, or a deny specific parts of your body you say you injured while working If your entire case is denied, you will be denied all benefits until your case can be heard. We will argue your case at the W.C.A.B. if necessary and do our best to make sure you receive all benefits you are entitled to.
Denial of Medical Treatment or Denial of Monetary Benefits: As stated above, the insurance company will often deny your benefits. If necessary, we will take the matter before the W.C.A.B. to and fight for all of your benefits.
Settlement: We know how to get top value out of Worker's Compensation cases. There have been, in the past year or two, a few new cases in the California Appeals Courts that are currently allowing us to increase the value of cases. Considering the serious damage that the changes in worker's compensation laws in 2004 did to injured workers, this is a possible remedy to the flaw in the law that Ufkes & Bright will use to make sure you get the best settlement possible.
5. Do I have other benefits if I am hurt?
Yes. You are entitled to a Vocational Rehabilitation Voucher at a value which is determined according to your level of disability determined by the doctors.
6. What are the charges for your services?
In a Worker's Compensation Claim, our fee is 15% of the final settlement of your claim.
7. I have a question about my case, what should I do?
We do our best to make ourselves available to answer any questions you may have. If the attorney is in unavailable, our legal assistants are familiar with your claim and will assist you until your attorney can call you back. We are a small firm and we limit our case load to make sure we have the resources to spend handling your claim.
8. Why should I choose Ufkes & Bright to represent me?
We are a small firm. We limit the amount of cases that we handle at any certain time to make sure was have the time and resources to dedicate to your claim.
You will meet and know your lawyer. One of the biggest complaints we hear from new clients that choose us over a previous lawyer is that they never met their lawyer. At Ufkes & Bright, you will be able to speak to the lawyer or legal assistant when you call and we encourage you to make an in-person appointment to discuss your case with your lawyer if you ever have any questions or concerns.
We know the law. The Labor Code can often be confusing. We are updated on any changes in the law and know how to use the recent changes to your benefit.
We have a history of excellence. Our firm has been helping injured workers since 1969. We've had two former partners become Worker's Compensation Appeals Court Judges.
