Top 3 mistakes injured workers make in California when they don't have an attorney

This video reviews the three most common mistakes I have seen unrepresented injured workers make in California workers' comp cases (with another related mistake). If you are an injured worker with a California injury, and don’t have an attorney, this video is intended to help provide an overview of workers’ compensation topics so you can better represent yourself.

Nearly all injured workers will start their case by seeing a doctor chosen by the employer or insurance company. That is the way the system works. However, many injured workers stay with that initial doctor, no matter how much they may dislike the doctor. Whether they think it's too much work to select a new PTP, or whether they think it will take too long, or whether they simply do not know they can select a PTP on their own, many injured workers stick with that initial doctor when they'd rather not. In addition, many injured workers then choose to settle their case on that initial PTP without going to a new PTP or going to a panel QME. Lastly, many injured workers settle their cases with a C&R, resolving all issues, without ever talking to an attorney. The adjusters handle workers' comp cases all day, and have attorneys to advise them. A consultation with an attorney is free, and many injured workers would benefit from at least talking to an attorney.

Jeremy Lusk is a certified specialist in workers’ compensation with almost two decades of experience, and previously served as a Judge at the Fresno District Office of the WCAB. He has worked out of Fresno, but appeared at numerous Boards to represent both injured workers and employers/carriers.

No attorney/client relationship is created or implied by this video. This video is not offering legal advice as to what you should, or should not, do in your workers’ compensation case, but rather offers education/information as to the California workers’ compensation system for unrepresented workers so they can better represent themselves and make more informed decisions.

[williamlevi]

👍🏾👍🏾👍🏾 Keep being a voice for all us injured workers. Your advice is truly invaluable.

[nightbat]

I was injured at work. Went to the hospital complaining of a bad headache, and major pain in my neck shoulder and wrist. They xray my chest and wrist then discharge, no pain meds and straight to physical therapy. They never treated my head or neck at all in the 3 years I was on workers comp. 4 months after the injury I find out my collar bone was broken. It's still broken ( 5 years later) . They basically financially killed me in to settling. The pains been getting worse and worse and idk what to do. No doctor will treat me because it was workers comp. What do I do? Please help me!!!

[yvonnemichelle]

Injured back at work as RN. Pt 500+ lbs no bariatric labor beds. Herniated a couple discs, SI pain. After pt, inj, etc, still pain but back at work fu duty. It sucks but I feel like my job wld be in jeopardy. MD was great but frustrated..said I was MMI rating 8% 3% for pain and another 4% for age and job. MD said do a C &R so you can get real help because they are going to keep denying. I asked and wc said no because I still work there. I feel they are rushing me as I don’t even have a primary anymore. WC said find new MD w/ concerntra. Now last week no go back to your DR (even though they spoke horribly about him). I just want to make the right choice. ( had knee from fall in 2018 and they denied MD, IMR and QME requests) and I got frustrated and settled.

[luisbarrera]

From California my dr provider said before physical therapy on my last appointment about settlement I’ve been out of work since November had surgery but have not yet started physical therapy broke my leg in three spots how much is a case like a his worth in the 100, 000

[bermudezfamily]

So I’m from California and had my finger broken while at work I went to dr for about 7 months to where they finally sent me to a hand specialist the hand specialist recommended surgery to take the bone out that never healed back in place and to take out some Neuromas that had formed so I just had surgery about 2weeks ago and they have token the Piece of bone out and the neuromas out will I get paid for this?

[YOMAMAA]

I had hernia surgery on one side of my body even though I told the doctor I had similar pain on the other side. Because the initial report didn’t specifically state both sides they refused to work on both sides now I have returned to work and I’m having that same hernia pain all over again on the left side what should I do? My case has been closed for about 5 months

[jasonflores]

Hi 👋🏽
My name is Jason Flores and I have a lien conference hearing Nov 30th. I’m in Southern California and I’m not sure what to expect at this hearing and I would love to ask some questions. Thank You for your time in advance.

[jamesfallen]

Where do find a good attorney? for workers comp... video's are helpful thank you

[aaron.z]

im in california and i was hit in a parking lot by a temp employees car while doing security. first doctor was beyond horrible degrading actually. second doctor helped me get mri which shown buldge in lower back . ive only recieved 1 check from workers comp since november ! help me with some real advice for. e and my lawyer please. thanks

[djdaviddelossantos]

Hi I'm from cailforna and I lost my toe in a accident at work and I'm getting workers comp. My question is how much is my case Worth.

[pickined]

Neither the company or their insurance company sent me to a doctor and denied workers compensation. I do have legal representation, but have no income. Would going back to work while injured jeopardize my fight for compensation?

[Mister-J]

From California, on workers comp for elbow injury. Ware and tear. Adjuster says I'll probably not ever be able to return to my job since I can't perform the required lifting. (Lose my job) will a lawyer be able to help me keep my job with permanent restrictions? I also have a union. (UPS)

[trinepimentel]

Hi, what happens when insurance company says it won't pay disability insurance because QMe gave you a low rating? Thanks

[ikoodyb]

Stuck with a bill from an emergency room visit that happened while working.
Looks and feels like every one is hiding.
What should I do ?
Thanks

[livelaughlove]

Thank you for your video! I would love your thoughts on my experience with worker’s comp lawyer.

After a stress related worker’s comp case, my lawyer advised me to settle for $10k. I rejected this, and painfully negotiated with my lawyer over months, until lawyers agreed to C&R for $40k. Every step of the way I felt as if my worker’s comp attorney worked for the insurance, discrediting me and try to settle for less, while I was my own attorney.

In addition, my WC lawyers discouraged me from going to QME. I ended up not going just to not deal with these lawyers any more and took the C&R (for $25k, reduced because I refused to sign general release form)

Do you think I should’ve gone to QME?

[epicrage]

Hi I’m in California with 23% permanent disability I have right and left rotator cuff surgery and herniated disc, any idea how much I worth ?its cumulative injury

[dreamdivine]

Hi I was wondering if you have suggestion for a attorney. I need consultation

[bgdagod]

I was denied C&R by the insurance company but QME was in favor of me and insurance company requested supplemental report from QME and that report was also in my favor now I have a MSC, what should I expect for settlement with life time medical for carpal tunnel, cubital tunnel and surgery in both hands from a hand crushed accident?

[Jussjokez]

I have stress and depression from being sexually harassed by female managers also being bullied and retaliated against for reporting these instances and others. How can I maximize my mental health status at this time?

[alfmuss]

How about after dismissing your attorney for non investigation of your case and conspiring against the injured worker. Then winning case on our own. It puts a bad taste in your mouth. WC Judge, even stated my case file had been destroyed in Sacramento, Ca. Even after we informed all parties at trial the we had just copied the complete file two days before the trial at the W.C.A.B. In Oakland Ca. But still telling us in court it had been destroyed, without even investigating our claim. We copied and paid for, all the copies with checks and time stamped. Now what legal avenue do you have. Rambling but all provable. Still fighting.