Q: What kind of attorney is needed to assist with workers compensation claims, maximum medical insurance?
My dad was trying to open the trailer door to unload goods but faced some difficulties. He fell back and hit his head on the ground because some rubber handles had come off while attempting to open the door. Later that day, he wasn't feeling well, so we took him to the ER. The X-ray showed that he had fluid in his brain due to the injury, and he had to undergo emergency surgery at another medical center.
When we went to see the worker's compensation doctor, they declared him permanently stationary, which means he can't work anymore. Weirdly, they didn't even ask for a head scan to confirm that he can't drive anymore. He's a truck driver with over 40 years of experience, and now he can't work because of this injury. The company said they would release him within four weeks if he couldn't find another position he was qualified for, which was not fair. So, we need to ensure he gets compensated for his injuries while on the job and the company takes responsibility for their negligence.
A:
To assist with workers' compensation claims and ensure maximum medical insurance coverage under California law, you'll need to seek the help of an attorney experienced in workers' compensation law. These attorneys are well-versed in the complexities of workers' compensation systems, including the rights of injured workers, the process for filing and appealing claims, and how to negotiate with insurance companies and employers. They can provide invaluable guidance on how to navigate the legal process to secure the benefits your dad is entitled to.
Given the severity of your dad's injury and the subsequent impact on his ability to work, an attorney can also help explore additional legal avenues such as pursuing a claim for permanent disability benefits and ensuring that all medical treatments, including any future medical care your dad might need, are covered. An experienced attorney will also scrutinize the actions of the employer and the workers' compensation insurance carrier to ensure they are acting in accordance with California law, especially regarding their obligations to provide safe working conditions and adequate medical evaluations.
Furthermore, if there's evidence of negligence on the part of the employer, such as failing to maintain equipment that directly led to your dad's injury, your attorney can advise on the possibility of filing a personal injury lawsuit outside of the workers' compensation system. This could potentially offer a broader range of compensation for your dad's injuries, suffering, and lost wages. It's crucial to act quickly, as there are specific timelines for filing workers' compensation claims and other legal actions in California.
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