California Workers' Comp: How to Take Charge When You're Injured on the Job [Paperback]

Christopher Ball Attorney (Author)

Book Description

ISBN-10: 1413308600 | ISBN-13: 978-1413308600 | Publication Date: June 1, 2008 | Edition: 7

Maximize the medical care and benefits you're entitled to!

From industrial injuries to carpal tunnel syndrome, more than a million Californians a year suffer job-related injuries or illness. For many, receiving compensation can be a nightmare.

California Workers' Comp shows you how to handle a California workers' compensation claim from start to finish. Find out how to:

file a claim

protect your legal rights

receive the medical care you need

get the benefits you're entitled to

deal with uncooperative employers, doctors and insurance agencies

negotiate a settlement

present your case before a judge

The 7th edition is completely updated with the latest regulations and labor codes, and explains how the new AMA Guides affect your permanent-disability award.

Recent laws give employers and insurance companies far greater rights and employees fewer medical benefits. Learn to work with your insurance company to receive the medical treatment and benefits you deserve.

Workers' Compensation Forms

Forms to File With the Division of Workers' Compensation

DWC-1: Workers' Compensation Claim Form
Application for Adjudication of Claim
Declaration in Compliance With Labor Code Section 4906(G)
Declaration of Readiness to Proceed
Declaration of Readiness to Proceed to Expedited Hearing (Trial)
Pre-Trial Conference Statement
Notice of Change of Address
Proof of Service
Cover Letter to Workers' Compensation Appeals Board

Record-Keeping Forms and Worksheets

Record of Income and Benefits Received
Record of Time Off Work
Record of Medical Expenses and Request for Reimbursement
Record of Mileage & Transportation and Request for Reimbursement

Settlement Worksheets and Documents

Settlement Worksheet: Value of Workers' Compensation Claim
Stipulations with Request for Award
Compromise and Release

Forms to File With Your Employer

Employee's Designation of Personal Physician
Letter to Employer Requesting Copies of Documents and Evidence
Objection to Treating Physician's Recommendation for Spinal Surgery (20080202)

Editorial Reviews

Review

A great hands-on guide for dealing with workers' compensation cases. (Orange County Register 20090101)

A great hands-on guide for dealing with workers' compensation cases. (Orange County Register )

I am very grateful for this type of information... very easy to read... (Donna K. K., El Cajon, CA )

About the Author

Attorney Christopher A. Ball is the author of California Workers' Comp. Mr. Ball practices workers' compensation law exclusively. He is certified as a Worker's Compensation Specialist with the State Bar of California. Mr. Ball received his bachelor's degree in Business Administration from Long Beach State and graduated law school from Western State School of Law.

Product Details

• Paperback: 508 pages
• Publisher: NOLO; 7 edition (June 1, 2008)
• Language: English
• ISBN-10: 1413308600
• ISBN-13: 978-1413308600
• Product Dimensions: 10.6 x 8.2 x 1.1 inches
• Shipping Weight: 2.6 pounds
• Average Customer Review: 4.6 out of 5 stars  See all reviews (12 customer reviews)
• Amazon Best Sellers Rank: #1,064,126 in Books (See Top 100 in Books)
  • #90 in Books > Law > Specialties > Disability

Customer Reviews

Most Helpful Customer Reviews

3 of 3 people found the following review helpful:

5.0 out of 5 stars Excellent Advice, September 16, 2010

By 

Dragon Lady "Claire" (Los Angeles, CA USA) - See all my reviews
(VINE VOICE)   

This review is from: California Workers' Comp: How To Take Charge When You're Injured On The Job (Paperback)

(What's this?)

Anyone involved in a Workers Comp claim, even if you already have an attorney, will benefit from reading this book. It's lengthy, but very worthwhile. This book will give you all the information you will need to make good decisions and to know what to expect during the whole process. You will find information that your attorney may not tell you! You need to know all of your options as well as your responsibilities.

3 of 3 people found the following review helpful:

5.0 out of 5 stars Excellent Resource, August 5, 2010

By 

Kaio (Santa Monica, CA) - See all my reviews
(TOP 100 REVIEWER)    (VINE VOICE)   

This review is from: California Workers' Comp: How To Take Charge When You're Injured On The Job (Paperback)

(What's this?)

I was injured at work a few months back and dozens of people have since told me the Governator's changes to Workers Comp came at the detriment of the injured worker. And my experience has certainly echoed that fact -- intentional and erroneous delays by the insurance company, stonewalling virtually any and all medical treatment, blatantly disregarding my health and well-being in the name of profit -- it's completely ridiculous, and several doctors themselves have agreed.

I attended a seminar hosted by my local Workers Comp office and they pushed me to hire a lawyer and sue the insurance company -- in effect, the State of California told me to sue the insurance company because of their blatant negligence. And all this because the Governator wanted California to be a friendlier place for corporations to do business. Well, that's all fine and dandy, but the changes came at the expense of the injured worker, and few will discover what a heinous mess this all is until a crisis arises. When an emergency hits, the last thing an injured worker should worry about is getting screwed by insurance companies. But the world is filled with injustice, and knowledge is power, so this book has proven to be a lifeline.

I found this book to be both daunting and incredibly informative at the same time. I easily get overwhelmed by all this since it depicts exactly what I'm living, and will likely be forced to continue to live with the remainder of my life. But this Nolo book has been very helpful in clarifying questions and concerns that even my lawyer wasn't able to subdue.

If you're wondering if you need this book or an attorney, my answer is simple -- get this book AND and attorney. You'll need both and will probably still get screwed.

What a shame Workers Comp in California has been messed up for an entire generation. Hopefully someone who isn't in the pocket of the insurance lobby comes along and fixes this soon. It'll be too late for me and countless others, but something needs to be done to repair this fiasco.

Bottom Line -- if you are amongst those unfortunate enough to be injured at work in the state of California, getting this book isn't an option -- it's a necessity.

3 of 3 people found the following review helpful:

5.0 out of 5 stars Pays for Itself Many Times Over, If You File a Claim, July 20, 2010

By 

James Mcritchie "Publisher" (Elk Grove, CA USA) - See all my reviews
(VINE VOICE)    (REAL NAME)   

This review is from: California Workers' Comp: How To Take Charge When You're Injured On The Job (Paperback)

(What's this?)

I like what one previous reviewer wrote, "Everyone seems to go by the rule don't ask and don't tell where everything is a secret." When you get hired or injured, companies don't often hand you a pamphlet on how to file a workers comp claim, even though they are essentially required to do so. No one wants their insurance rates to go up so no one wants you to file. If you are injured on the job, the small amount that you pay for this 600 page, but easily understood, book could be returned to you many times over.

Even if you don't file, it is nice to know your rights and this book informs you every step of the way. For example, did you know you might qualify for increased benefits if your employer's seriously improper action or inaction -- such as failure to remedy an obvious safety violation (maybe even one you brought to their attention) led to your injury? However, successful petitions based on serious and willful misconduct are very rare. You also might be eligible to file a separate claim if your employer discriminated against you because you asserted your right to file a claim. Again, discrimination is hard to prove.

One type of claim that might be fast growing is sickness as a result of exposure to toxic chemicals, for example, a maid required to use a cleaning solution that makes her break out in a rash or brings on asthma-like symptoms. Sometimes is is difficult to determine how much of your disability is due to an injury on the job and how much is due to other factors. Your doctor must address this issue in their report.

One of the basics is the need to report your injury to your employer within 30 days of the time you knew of "should have known" that a disability was caused by work. One exception is if your employer knew of your injury from another source, like you complained to your supervisor about it. The book suggests you keep a "pain diary" and tells you how to do it.

Keep in mind that it may be months before you realize the link between your injury and your job. For example, at one point in my career I was exposed to a lot of toxins in the workplace. It took months of illness before I finally realized the connection (after cracking my ribs from coughing). Fortunately, my employer was immediately able to provide a reasonable accommodation that reduced my symptoms to the point that a workers comp claim wasn't warranted. If I had filed a claim, my doctor might have determined it was okay to return to work under "limited duties" or a "modified" work order to reduce my exposure. The book runs through how to document time off, how to work with your doctor and be involved in your own treatment. The book also touches on other avenues, such as filing under the Americans with Disabilities Act and the California Fair Employment and Housing Act.

The author tells you how to file an injury report, a DWC-1 form. You must file your claim within one year of the date of the injury if the company denied responsibility for your injury or within five years if the company provided benefits (paid temporary disability or medical treatment). Another factor taken into consideration, the statute of limitations doesn't begin to run until you learn of the right to file.

A large portion of the book is given over to rating your disability, figuring out a settlement amount, negotiating a settlement, preparing your case, going to trial, how to file and serve documents, appeals, forms etc. and even a section of case laws. Even if you hire a lawyer, you'll find this Nolo Press book invaluable... and, of course, they can even help you with that.