5 Frequently Asked Client Questions

The workers’ compensation system is of great benefit to those who are injured at work. However, navigating this system can be a nightmare. Because of that, we get all kinds of questions from our clients at the beginning stages of their case. Here are five of the most common questions we hear.

1. What is a deposition, and why do I have to have mine taken?

A deposition is a typical part of discovery in a litigated claim. It is the defendant’s opportunity to ask you questions under oath regarding your claim. These are routinely taken, although not in every case, in order to get a history of employment, medical treatment, or how the accident happened, as well as anything else that might be relevant to your workers' compensation claim and the types of benefits you should receive. 

If you’ve hired an attorney, they will be able to be there with you, and will prepare you for the proceeding. 

2. My primary treating doctor (PTP) has released me to modified duties, which I don’t think I can do. Now what?

Your doctor will provide a disability slip outlining very specifically what your work restrictions are if they are releasing you to modified work. It is always your responsibility to provide a copy of that disability slip to your employer to give them an opportunity to offer you temporary modified work within those restrictions. 

If your employer contacts you and tells you temporary modified work is available it is your responsibility to report to work, and at least attempt to do it or you could have your benefits cut off and or be fired for a failure to do so. 

If you feel you cannot do the temporary modified work after giving it a try, you need to return to your primary treating physician and discuss potentially modifying those work restrictions with them.

If your employer simply tells you they cannot provide temporary modified work you should advise your attorney, who may ask the insurance company to continue paying a temporary disability benefits

3. What is a medical legal evaluation?

This is an evaluation usually scheduled by your attorney that is utilized to resolve any legal issues in your case, including whether or not you have permanent disability for which you will be paid a settlement. If the defendants are disputing whether or not your injury arose out of your job, this type of an evaluation is utilized to answer those questions from a medical point of view.

This doctor will perform a complete physical evaluation, review all of your medical records and any deposition testimony relevant to your case, and prepare a report which addresses the legal issues in your case including level of permanent disability. It is important that you cooperate with this evaluation and tell the doctor all of your complaints.

4. If I don’t care for my primary treating doctor, do I have to keep using them?

In most cases, the insurance company for your claim will have a medical provider network list (think of this as an HMO for work comp), that you will have to choose your PTP from. You do not have to continue to go to the doctor your employer initially directed you to if you are unhappy. You can pick another PTP off of this list, which is generally available online 

You should discuss this issue with your attorney. They may be able to direct you to the doctor they feel would be most advantageous to you. Changing doctors can cause delays in your case, as you wait for the new doctor to accept your case and transfer all of the medical records.

5. Can I collect money for my pain and suffering in a workers' comp. claim?

No you cannot. Workers' compensation is a limited benefit system that does not include compensation for pain and suffering.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.