The Gray Law Firm

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OK, so what, exactly, are the BENEFITS of filing a Workers' Comp claim...? Well, to begin with, you need to realize that a Comp claim is NOT a "lawsuit". In fact, California Law BLOCKS you from filing a civil negligence lawsuit for a workplace injury. That leaves you with filing a Comp claim as the only way to recover benefits and income lost when you suffer a significant accident/injury on the job.... Now, what "benefits" are we taking about? There are TWO broad categories - Medical Treatment... and MONEY. Medical Treatment includes ER visits, hospital costs, doctor visits, X-rays, MRI's, prescription meds, surgeries, physical therapy, rehab, psyche treatment, etc. - the list is long. MONEY includes several kinds of payments and reimbursement benefits like Temporary Disability payments (66% of your weekly salary), Permanent Disability payments (sometimes "sizeable"), Mileage payments and re-imbursements, Self-Procured Medical reimbursement, even Death Benefit payments made to your loved ones if you don't survive. Now, all of this (as you might imagine) can get pretty convoluted, what with insurance companies (and their attorneys) not being "thrilled" about paying you money! You need a good attorney to ensure the best Medical Care AND to maximize your monetary payments. We can help you with that.... Give us a call, for a FREE appointment @ (559) 326-2036... or visit us @ thegraylawfirmca.com... Hablamos Espanol y un hablante con fluidez en Espanol siempre estara disponible.

What is the difference, in Workers' Compensation, between "Temporary Disability" and "Permanent Disability"...?? Well, first, remember that all of Workers' Comp is "doctor driven". That means you have to get a doctor's opinion to move the case along. Now, when a treating doctor (usually early on) says the injured worker cannot go back to work, because of an injury, or because of (work-related) surgery - that is called Temporary Disability (TD). ... Normally, this signals the WC insurance company to start paying the injured worker TD. That equates to 66% of the worker's Average Weekly Wage (AWW). I call this "getting better money" and this is paid until they can return to work, or reach P&S status. More below. However, and eventually, when a primary treating physician (PTP), or a med-legal doctor (like a qualified medical examiner (QME), or an Agreed Medical Examiner (AME), or a court-appointed independent medical examiner (IME) declares an injured worker to be "permanent & stationary" (P&S), or reports that they have reached "maximum medical improvement" (MMI), that triggers "Permanent Disability" (PD) and TD payments stop, to be replaced by PD payments. Confused? Let us help. The Gray Law Firm is focused on the needs of people who are injured "on the job". Give us a call @ (559-326-2036, or visit us @ thegraylawfirmca.com. Se habla Espanol.

Have you been injured at work? You need to know that, under California law, you are BLOCKED from suing your boss, or the company you work for, in Superior Court. In other words, you cannot file a classic negligence lawsuit for injuries that occurred on the job. In California, Workers' Comp is the "exclusive remedy" for workplace injuries.... Unfortunately, some injured workers are reluctant, and/or uncomfortable about filing a WC claim. They think it is "disloyal" to be suing the boss, or their employer. Truthfully, though, a Comp claim is NOT a lawsuit. It is an insurance claim, and you are making it against your employer's INSURANCE carrier (not against the company). You are making a request for State-mandated benefits and payment THAT YOU LEGALLY HAVE COMING, as a result of your injury at work. However, as many people know, dealing with an insurance company to obtain benefits, medical treatment and monetary compensation is something much more effectively done with a good attorney. Please give us a call, if you have been injured at work. We would love to set up a FREE appointment, to discuss your injuries - and to answer any questions you may have. Call us (559) 326-2036. Se habla Espanol.

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So, who decides, ultimately, how much your Workers' Comp case is worth...? Is it the attorneys? Is it the Judge? Is it the ratings charts? Well, in California, at least - case value is mostly determined by the DOCTOR...! Ultimately, you have to have an accredited medical opinion, in writing, to determine your level of Permanent Disability - whether it is the PTP (primary treating physician), or the AME (agreed medical examiner), or a PQME (panel qualified medical examiner).... There is an old saying that all Workers' Comp is "doctor driven". For the most part, you have to have a doctor who says your injury is compensable, that it resulted in "permanent disability", and he must provide "ratable language" in his report, which can be translated by established formulas into PD value - i.e. dollars. This brings up a huge list of questions, of course, and we would love to answer those for you. Visit us @ thegraylawfirmca.com, or call us @ (559) 326-2036. Se habla Espanol.

A lot of people who have legitimate Workers' Compensation claims think they are going to get "rich" when the claim is paid. Is that true...? Uhhhhh..... no. First of all, remember that Workers' Comp is not, technically, a lawsuit. Rather, it is a claim for State-legislated benefits, which are owed to you, if you are injured on the job.... Second, think about the way you get money in a WC claim. You begin (usually) by getting "temporary disability" payments, while you are off work, recovering from the injury (or surgery to cure the injury). This TD payment is to "compensate" you for income lost, because you cannot work. Also, it is only 2/3rds of your salary, and it stops the day a doctor says you have recovered - this is called P&S (or "permanent & stationary") status, or MMI ("maximum medical improvement"). Third, after you are declared P&S, the big payment is when you settle, or resolve your claim at the end of litigation. This settlement will be tied, very specifically, to the PERCENTAGE of your disability. A med-legal doctor will "award" you a disability percentage - 10%, 25%, 70%... whatever. This translates into "permanent disability" (PD) and the State issues a chart showing what each percentile is worth. You might also receive a "lump sum" payment, in addition to "PD", to pay for your "future medical care" - and, obviously, the more future treatment you need, the more you will be offered. This can be a large number, if you will need back surgery, for example. But none of this is true "riches". The vast majority of WC Applicants receive significantly less than $100,000... and, in today's world, that falls a long way short of "getting rich". You do need an atorney, though, to maximize the payments you will receive. We can help you with that. Visit us @ thegraylawfirmca.com, or give us a call @ (559) 326-2036. Se habla Espanol, y un hablante con fluidez en Espanol siempre estara disponible.

Do you NEED to file a Workers' Comp claim...? This is a question that comes up, from time to time. Injured employees, who are injured AT work, sometimes struggle with the decision of whether they should actually file a claim for their injuries, or not. Most often, these injured workers are worried about "suing the company", or, "suing my boss". Let me clarify. A Workers' Comp claim is NOT a "lawsuit". It is a claim for state-mandated benefits, to which the injured worker is l...awfully ENTITLED. So you are not "suing the company", rather, you are making a lawful claim for medical treatment and disability payments - which California law provides for your benefit. How "serious" does it have to be, before you file? Well, if you are having to be treated by a doctor, and if you have been taken OFF WORK, because of the injury... you probably need to file. We can, of course, help you with that. Our law firm specializes in Workers' Comp claims. Visit our website @ thegraylawfirmca.com, or call us @ (559) 326-2036. Se habla Espanol.

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Some people are injured at work, but they don't want to file a claim, because they don't know if the injury is severe enough, to warrant filing a comp claim. That leads us to an often-asked question about workplace injuries - "How do I know it is a serious-enough injury, so that I SHOULD file a workers' comp claim?" Well, if you are like the lady in the picture (duh!) you should file a claim - but what about lesser injuries? There are three "rules of thumb", that I would like... to talk about. The first is this - if the industrial injury is bad enough that a doctor has TAKEN YOU OFF WORK - that is probably serious enough to file a claim. Second, if the medical treatment for the industrial injury is TOO EXPENSIVE for you to handle, then that also is a reason to file. And third, if the industrial injury is going to affect you for the forseeable future (like eye-injuries, or hearing-injuries, or breathing, or sleeping, or skin-disfigurement, or scarring) - that's also a sign you need to file a claim. If you have questions about your injury, give us a call for a free consult, @ (559) 326-2036. Se habla Espanol.

OK, how about some random Workers' Comp Questions? 1. Is there EVER a jury in a Workers' Comp trial? No. Never. All workers' Comp hearings, in California - including Trials - are held before an "Administrative Law Judge", only. As we would say, in legal circles, a "bench trial". 2. How do Applicant attorneys get paid? In California, Applicant Attorneys are generally paid 15% of whatever award, settlement or judgement the Applicant achieves... but they never get paid unless an...d until their client wins (or settles) their claim. There are some miscellaneous payments, like for deposition representation, where the Applicant attorney gets paid an hourly rate by the defendant insurance company. 3. Does the injured worker EVER pay their attorney - for ANYTHING? Like consultation fees? Attorney's fees? Document fees, Filing fees? etc...? No. Never. The only fee is the "15% contingency fee", which is deducted from the settlement, as described above. 4. What if the injured worker is unhappy with the result of the litigation? Is there an appeal process? Yes. Absolutely. A local judge's ruling can be appealed to the WC appellate board, in San Francisco. This is called a Petition for Reconsideration. Should that be denied, the injured worker can then appeal to the California Court of Appeal (in the Fresno area, that means the 5th District Court of Appeal). Next level would be the California Supreme Court - and then, the U.S. Supreme Court (good luck with those last two, LOL). Anyway, if you have ANY questions about California Workers' Comp, give us a call. Hey, it's FREE! (559) 326-2036. Se habla Espanol.