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Workers comp lawyers might not always tell you that you can file a claim on your own without them. They also might not mention that they get paid even if you lose your case. It could take a long time to get compensation, and they might only take cases they think they can win easily.
A: The workers compensation rate in California is calculated based on the injured workers average weekly wage and is usually two-thirds of the amount the worker was receiving prior to the injury that caused the accident.
Workers compensation benefits do not include damages for pain and suffering or punitive damages.
Top 10 Tips to Make the Most of Your Workers Compensation Claim Tell Your Employer. File the Correct Forms. Choose a Doctor. Gather Your Documentation and Information. File Your LI Claim. Understand Your Workers Rights. Prepare for Your Independent Medical Examination (IME) Keep Detailed Medical and Work Records.
The following forms need to be completed and submitted to EMPLOYERS when a work-related injury occurs: 5020 Employers Report of Occupational Injury or Occupational Disease. DWC-1 Workers Compensation Claim Form. Covered Employee Notification of Rights Material (English and Spanish). Wage Statement. First Fill Form.
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What You Shouldnt Tell Your Workers Comp Doctor Never lie about prior injuries, pre-existing conditions, or medical history. Never lie about the extent of your workplace injury or how it happened. Do not exaggerate your symptoms, including pain or functionality.
``I know better than you. - This undermines the doctors expertise and can create tension. ``Im not going to follow your advice. - This dismisses the doctors recommendations and can hinder your treatment. ``Can you just give me a prescription? ``I dont trust you.

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