Pacific Workers Comp Law Center - February 2020

Pacific Post February 2020

Important FAQ’s about Workers’ comp

“I’m injured, but I don’t want to sue my company. It’s a small business, and my boss is great. I’ve worked there for 10 years, and we’re like family.” We often hear stories like this, but every situation is different. Sometimes workers are injured due to their boss’ negligence, but it’s common for workers to be hurt during unpreventable situations. Regardless of who’s at fault, the injured party needs treatment and disability payments while they recover. Don’t be nervous about filing a workers’ compensation claim if you’ve been injured at work. When you file a claim, your employer generally isn’t paying anything, and it’s rare that businesses are damaged by a claim. Still, if you’re not totally sure how to handle your claim, here are some common questions we get for new cases. If your employer isn’t responsible, who pays for your workers’ compensation claim? In California, your employer is required to purchase insurance that protects you and your coworkers in the event of a workplace injury. When you’re injured on the job, you generally can’t take legal action against your company in civil court, but their insurance company is responsible for paying for your benefits and treatment. The company may see their premiums rise after the accident,

“It’s illegal for your boss to lack workers’ compensation insurance. If this is the case, your compensation will be paid for by a state fund.”

but they won’t have to pay for your medical care or other workers’ compensation benefits.

What if your boss is uninsured or underinsured?

It’s illegal for your boss to lack workers’ compensation insurance. If this is the case, your compensation will be paid for by a state fund. If your employer’s policy isn’t sufficient to cover the number of employees or the risk level of your job, it’s insurance fraud. The insurance company your boss uses must still take care of you, but they will take money from your employer to recover their losses. If you truly have a great employer, they’ll be concerned about your health and want you to get the help and benefits you need, so file your workers’ compensation claim without fear.

If you have any questions or concerns feel free to reach out to us anytime. For more information visit our website or call (833) 722-9675. – The Lawyers For Injured Workers

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Stealing Miss Helen

The Secrets to Findi

During your recovery, it’s imperative that you have the right doctor, but it can be disheartening to keep jumping through all the legal hoops or continuously be denied treatment by your insurance company. But don’t lose hope! It’s possible to get the doctor that’s perfect for you with these tips.

Do your research. Injured workers just like you are posting about their experiences with doctors via review sites. Save yourself time, money, and sanity by reading about potential doctors on Yelp, Google Reviews, and Facebook before making an appointment anywhere. . Make sure the doctor is in your MPN. In most situations, insurance companies won’t

‘Ocean’s 3’ Attempt a High-Stakes Heist

pay for you to see a practitioner outside their medical provider network (MPN), but there are exceptions. For instance, if your employer’s insurance company doesn’t have enough doctors in your MPN, then they need to pay for the doctor you choose.

On a hot summer day in late July 2018, three people entered Miss Helen’s home, forcibly removed her, put her in a stroller, and ran toward their getaway vehicle. This might sound like a typical kidnapping story, but Miss Helen is no ordinary person. She is a 16- inch horn shark living at the San Antonio Aquarium. Fortunately, their fishy behavior didn’t go unnoticed, and someone alerted the aquarium staff. One perpetrator drove away with Miss Helen in tow, but the other two were stopped by aquarium staff, later confessing to their involvement. Thanks to some observant witnesses and aquarium surveillance, police were able to identify the third thief and obtain a warrant to search his house. As it turned out, he had an extensive aquarium in his home and possibly hoped to add Miss Helen to his collection. After being identified, Miss Helen was returned home safely. The aquarium staff was grateful to have Miss Helen back unharmed, despite her ordeal. “She’s a tough little horn shark, I’ll tell you that,” affirmed Jamie Shank, the assistant husbandry director at the aquarium. While many animal lovers might disagree, animals are considered personal property, so stealing them is a crime of theft, not kidnapping. The penalties for stealing animals vary depending on each state’s laws, and some states have specific laws regarding animal theft. In Texas, larceny law designates the theft of property valued between $1,500–$20,000 as a felony. In the case of Miss Helen, who’s valued by the aquarium at $2,000, the thieves committed a felony. Also, transporting certain animals requires special permits, which led to additional charges against the three thieves. The Animal Welfare Act, which was adopted in 1966, is the only federal law that regulates the treatment of animals in research, exhibition, transport, and by dealers. Interestingly, it only applies to warm-blooded animals, so if Miss Helen had needed further protection, she would be left out in the cold. NO MINOR CRIME

Easy Shri

Make date night simple with this easy shrimp scampi recipe.

Ingredients • 4 tbsp butter • 4 tbsp olive oil •

1/2 tsp oregano

1/2 cup dry white wine

1 tbsp minced garlic

1/4 cup lemon juice

1 lb shrimp, peeled and deveined

8 oz cooked linguine

1/4 cup parsley

Directions 1. In a skillet over medium heat, melt 2 tbsp of butter with 2 tbsp of olive oil. Add garlic and cook for 2 minutes. 2. Add shrimp and oregano, stirring frequently until shrimp is pink. Remove shrimp from skillet. 3. Add wine and lemon juice to skillet and bring the mixture to a boil. 4. Stir in remaining butter and olive oil and cook until butter is melted. 5. Add cooked shrimp to skillet and cook for 1 minute, stirring occasionally. 6. In a serving bowl, top cooked linguine with shrimp mixture. Garnish with parsley and serve.

Inspired byThe Blond Cook

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g the Right Doctor

What You Need to Know About Temporary Disability If you’re injured at work, should you use PTO or sick leave for recovery time? Ideally, you’d use neither because temporary disability (TD) after a workplace injury should take care of your monetary needs. However, the reality is that TD issues can be far more complex. If you find yourself recovering after a workplace injury, you should brush up on these tips about TD so you’re well prepared to take advantage of it. There is a time limit on your TD. First and foremost, there is, unfortunately, a limit on how long TD benefits are available: 104 weeks, though it can be extended to 208 weeks if you are afflicted with a more severe injury or illness. Some injured workers may not be well enough to return to work after hitting their cap for TD benefits. If you’re still recovering from your injury but have no TD benefits left, it might be necessary to use paid time off (PTO) to provide for you and your family. Insurance companies are notorious for their unethical behavior. Workers’ compensation claims are denied more often than not, leaving injured workers with no choice but to use PTO for recovery time. Even if your claim is accepted, there is a delay period while your employer’s insurance company

Enlist the help of a good workers’ compensation attorney.

When you hire a workers’compensation attorney, you don’t need to worry about finding the right doctor; your attorney will do it for you. Here at Pacific Workers’Compensation, we have strong relationships with workers’compensation doctors around the entire Bay Area and can help you find the right doctor for your situation.

p Scampi

reviews your case. The good news is that an experienced workers’ compensation attorney makes sure you’re compensated for any time off you used in the form of retro-TD. Workers’ compensation doctors are not created equal.

Injured workers receive TD based on their workers’ comp doctor’s recommendation. You receive TD if your doctor says that you cannot work or if the amount of work you’re able to do pays less than what you normally earn. Unfortunately, some doctors are more favorable to the insurance companies than the patients they treat. They may tell you to go back to work before you’re ready or that it’s better to use up PTO. Having the right representation is crucial to your case. Workers’ compensation lawyers will be familiar with the doctors in your insurance company’s network and can provide you with information and steps while moving forward with your case. Consult with an experienced workers’ compensation attorney to ensure you’re treated fairly and that you receive adequate compensation for your claim.

Solution on Page 4.

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333 Hegenberger Rd., Suite 504 Oakland, CA 94621 wwww.PacificWorkers.com 510-240-8710

Inside This Issue

An FAQ on Workers’ Comp Claims

A Slippery Crime

The Secrets to Finding the Right Doctor

Easy Shrimp Scampi

What Do I Do With Temporary Disability?

Your Epic Adventure Awaits

Create Your Own Odyssey Mythical Adventures Await in the Mediterranean

Gozo, Malta While Odysseus’ journey was perilous, he did enjoy one peaceful stop. Odysseus spent seven years on the mythical island of Ogygia, home of the nymph Calypso. Historians suspect that Ogygia was Gaudos, now modern-day Gozo, Malta. Gozo is home to the Ġgantija temples, which are older than the Egyptian pyramids. In addition to exploring its archaeological marvels, Gozo’s visitors can also enjoy snorkeling, horseback riding, and other memorable adventures.

One of the oldest stories

in Western literature is Homer’s “The Odyssey.”This epic poem tells the story of Odysseus and his long journey home after the Trojan War. While Odysseus’ travels

were fraught with mythical monsters and magic, many of the places he visited are said to be inspired by real islands in the Mediterranean. Even today, travelers flock to these islands looking for peace, adventure, and epic stories of their own.

Ithaca, Greece If you want to chart your own odyssey, make your final stop

Odysseus’ home, the island of Ithaca. Covered in lush greenery and quaint villages, Ithaca is a wonderful place to relax at the end of your trip. Visitors can enjoy their morning coffee by a seaside cafe before lounging on a secluded

beach for the rest of the day. It’s no wonder why Odysseus fought so hard to get back to Ithaca!

Sicily, Italy One of the most popular stories in “The Odyssey” is the tale of Odysseus rescuing his crew from Polyphemus, a man-eating Cyclops. It’s said that Polyphemus made his home on what is now modern-day Sicily. Fortunately, there are no Cyclopes in Sicily today; there are only cultural festivals, world-class golf courses, and delicious food.

With dozens of other islands to explore, the Mediterranean is the perfect place to plan your own odyssey —minus the mythical monsters, of course.

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