Lawyer Monthly Magazine - February 2020 Edition

Laura Rosenthal How does workers’ compensation work in California? The California workers’ compen- sation system is constitutionally mandated in the state constitution. It’s a contract between the workers and the employers of California. Injured workers are provided with “comfort, health and safety and general welfare… to the extent of relieving from the consequences of any injury or death incurred… in the course of their employment” by employers. In return, injured workers are precluded from suing employers for work-related injuries. Basically, an employee must report a work-related injury as soon as possible to a supervisor. They must be offered a form called a DWC-1 to initiate filing a claim and medical treatment within 24 hours. Obviously, if it’s urgent, they should be provided medical treatment Speaking to Laura Rosenthal we discuss workers’ compensation and how it works. She expands on how she assists when the compensation offered is not enough and overcoming the common issues lawyers face in this area. immediately. Treatment is provided by an employer-designated physician, with certain exceptions. After 30 days, the injured worker may transfer treatment to another physician if they wish to; however, that physician must be within the employer’s “managed provider network” of treating physicians. One important deadline for injured workers to know is that if a claim is denied, they have one year from the date of denial to file an Application for Adjudication with the Workers’ Compensation Appeals Board, where administrative hearing judges preside, located in the county where they reside, their employer is located, or where their attorney is located. Our office is located in Santa Rosa and we represent clients in Sonoma County, Marin County, Mendocino County, Napa County, and Lake County. Contact: Laura Chiyono Rosenthal Attorney at Law Certified Specialist, Workers’ Compensation Law The State Bar of California Board of Legal Specialization Law Office of Richard J. Meechan P.O. Box 369 Santa Rosa, CA 95402 www.servinginjuredworkers.com 52 WWW.LAWYER-MONTHLY.COM | FEB 2020 An InterviewWith