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WORKERS' COMPENSATION - FAQ
Your workers' compensation case is confidential; future employers do not have a right to obtain this information, or ask you if you've ever
suffered a disabling injury at a job. Gilbert Maturino meets with his clients as soon as possible after an injury to discuss their case and then
personally files an application of adjudication on their behalf to make sure that it is done properly and within the appropriate time period. In
addition, The Law Offices of Gilbert Maturino will quickly file applications directly with the Worker's Compensation Appeals Board. As a
result, Mr. Maturino has a case number assigned to your case within about two weeks after the application is filed.
Can my boss fire me for filing a workers’ compensation claim?
It is against the law to fire an employee for filing a workers' compensation claim. Most employers know it is illegal to fire an employee because
of his or her intentions to file a workers' compensation claim. Though, there are some employers that do not know that it is illegal to fire the
employee because they filed a workers' compensation claim. If this happens, the Law Offices of Gilbert Maturino advises the employer that
they are in violation of the California Labor Code. Often times, the employer simply corrects their wrong and takes back their employee. Other
times, the employer decides to ignore our warning and we are forced to file a petition with the workers' compensation court, demanding
penalties, fines, lost wages and reinstatement. The foregoing petition must be filed within one year of the date the employee was illegally
terminated. There are also other remedies including, the filing of a civil suit for wrongful termination and violation of various California codes
such as The Fair Employment and Housing Act. These civil suits are not automatic; they must be requested from the attorney on a separate
contract and a complaint must be first filed by the employee with the California Department of Fair Employment and Housing. If the
Department accepts the case, they will prosecute it on behalf of the employee at no charge to the employee. However, if the Department
rejects the complaint, the employee still can sue on his or her own in civil court within one year of the date of rejection of the case by the
Where can I get medical treatment?
Gilbert Maturino knows doctors who specialize in Workers' Compensation and will do his very best to find an appropriate physician in your
area. The Law Offices of Gilbert Maturino can help you select a doctor within the workers’ compensation carrier’s Medical Provider
Network. If the insurance rejects your claim, Gilbert Maturino will work to find you a doctor who will provide treatment on a lien basis,
meaning that the employee does not have to pay any medical bills. Also, keep track of the mileage you travel to visit doctors on a Medical
Mileage Expense Form and Gilbert Maturino will petition to have your expenses reimbursed.
How much money will I get?
As a general rule, you are paid two-thirds of your gross (pre-tax) wages at the time of injury, with minimum and maximum rates set by law.
Your wages are figured out by using all forms of income you receive from work: wages, food, lodging, tips, commissions, overtime and
bonuses. Wages can also include earnings from work you did at other jobs at the time you were injured. Give proof of these earnings to the
claims administrator. The claims administrator will consider all forms of income when calculating your temporary disability benefits.
Who will pay for my medical bills?
By law, your employer, or your employer's insurance company must pay for all necessary medical bills. The employee never has to pay for
medical bills out of his or her pocket. If the employee does pay medical bills out of pocket, he or she is entitled to reimbursement without
regard to deductibles or co-payments. Gilbert Maturino encourages his clients to forward any medical bills they receive to his attention so that
the Law Offices of Gilbert Maturino can indicate that such bills are the subject of a workers’ compensation dispute and should be redirected to
the workers’ compensation insurance company.
Who will pay my temporary disability?
Your temporary disability payments will either come from your employer's workers' compensation insurance carrier or the State of California;
provided; however, that your employer has withheld money from your paycheck for state disability (which they are required to do if you are an
employee and not an independent contractor). In the event that your claim is denied, the Law Offices of Gilbert Maturino and your physician
will assist you in completing and submitting a Disability Insurance Claim Form so that you can receive your state disability.
How much will this cost?
The employee will not have to pay any upfront costs. All costs are paid at the end, including attorney fees. The Law Offices of Gilbert
Maturino requests 15% of what the employee wins in court.
How much is my case worth?
The value of your case depends on how much permanent disability the doctor says you have, when he or she discharges you. Other factors
that decide the value of your case is how much future medical expenses the doctor says you might encounter to treat you work related
disability. Permanent disability in workers' compensation, could be partial, or total. This means that the value of your case will be much higher if
you are found to be suffering from a total disability as opposed to a partial disability. Still, a partial disability could be worth over $100,000.
What if I cannot return to my former job?
You may be entitled to supplemental job displacement benefits, which are really a voucher for education-related re-training and skill
enhancement at state-approved or accredited schools.
How do I know that I have a workers' compensation case?
You know you have a workers' compensation case if you get injured at work or away from work while doing something for your employer.
There are a lot of exceptions to this rule, but it would take a careful analysis of your case and the facts regarding the injury. We offer a free
consultation to determine whether you have a viable workers' compensation claim.
How long will it take for my case to be resolved?
Most cases are usually resolved within eight months of the date that the doctor discharges you from medical treatment.
Where can I get more information?
Click here to submit your question directly to Gilbert Maturino
Does the Law Offices of Gilbert Maturino ever represent
workers' compensation insurance companies?
No. The Law Offices of Gilbert Maturino does not represent any workers’ compensation
How do I file a workers' compensation claim?
Tell your employer that you have been injured and call an attorney to make sure you are
protected in accordance with the California Labor Code.
By filing out a workers’ compensation claim, will my future
employment be affected in a negative way?
|Law Offices of Gilbert Maturino * 5850 Etiwanda Ave., #208, Mira Loma, CA 91752 * (951) 681-7188
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