Attorney fees in most workers’ compensation cases are limited to 9% – 15% of the amount the attorney obtains for you by way of a settlement, or by an award from a judge. The fees are contingent on some form of recovery. In other words, if the attorney does not obtain a settlement or award for you, there will not be any fee awarded to the attorney. In some cases it may be possible to make the insurance company pay your attorney’s fee. Ask us how.

We always advise our clients to do the following: Never give a recorded statement or allow yourself to be interviewed by anyone from the insurance company without your attorney present. You have an absolute right to have your attorney present at any interview by an investigator or attorney, and to have the insurance company pay your attorney for attending. Keep all correspondence you receive from the insurance company (including the envelope), and copies of everything you send to the insurance company. Always follow your doctor’s medical advice and ask her to provide you copies of everything she provides to the insurance company. Keep a record of the mileage you drive in order to obtain medical care. The insurance company is required to reimburse you for all the miles you drive to obtain medical care. CONTACT OUR OFFICE IMMEDIATELY IF ANY OF THE FOLLOWING EVENTS OCCUR: If your employer refuses to give you a claim form. If your employer asks you not to report your injury to the insurance company. If your employer takes adverse action against you because you got hurt at work. If you receive a list of QME doctors.

We recommend you go the employment development department (EDD) and apply for state disability insurance benefits (SDI) immediately. In fact, we recommend that you apply for SDI benefits even if the insurance company IS paying you disability benefits. Call us and we can tell you why.

Perhaps. If either you or the insurance company is not satisfied with what your treating doctor is saying about your medical condition, either of you may request from the state medical unit a list of QME doctors. If you receive the list of QME doctors, you have only 10 days to select a doctor from the list and schedule an appointment with her. If you fail to do this within those 10 days, then the insurance company will select the QME doctor for you. Remember, the insurance company knows these doctors and will select a doctor who will be favorable to it, NOT FAVORABLE TO YOU!