FREQUENTLY ASKED QUESTIONS

QUESTIONS? DOUBTS? CONCERNS? CONFUSED?
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WORKERS COMPENSATION
  1. Injured at work. What do I do?
    If you were injured at work the first thing you need to do is report injury to supervisor, manager and/or anyone with authority. Preferably in writing, best by email. This avoids any complications in the future by your employer denying you ever reported an injury. It is very common for employers to claim that applicant never reported injury after they terminate you. Then afterwards when you file a workers compensation claim against they will claim that you filed post termination claim. They will claim that you field a claim not because you were injured but because you were fired. Therefore they will deny you your benefits and are protected by law to do so. MONTOYA LAW will fight to get your claim accepted however it will be a prolonged process since we know how to proof your injury is due to work.
  2. What are my rights?
    After reporting injury to employer he must offer you documentation to report injury (DWC-1) and medical attention. If they do not offer you both or either one send them an email stating, “On such date _____________ I reported that I was injured at the job and I was not offered a DWC-1 or medical attention.” By showing evidence that you reported an injury and they failed to provide documentation and medical attention employer is now in violation of CA Labor Code and there is a presumption of liability of your Workers Compensation claim. Once your claim is admitted you are entitled to TTD (temporary disability) while you recover from your injury. Once doctor has declared you Maximum Medical Improvement you will be entitled to PD(Permanent Disability) which is valued on the % of disability of your injury.
  3. I feel industrial doctor is pressuring me to return to work although I am not ready.
    The reason you are feeling that way is because he is. Industrial doctors are looking out for the best interest of the employer not yours. Industrial clinics get most if not all of their business (I don't call them patients because that would mean they are helping you) from employers. Therefore it is naturally to assume that they want to keep them happy. How do they do so? They minimize your work injury and return you to work as soon as possible. MONTOYA LAW we will get you medical attention that will help you recover at your pace not the employers.
  4. Are all Workers Compensation claims physical only?
    No. There are many ways one can be injured at work. Exposure to certain things will certainly create a work injury. LOST OF HEARING. If your work place is extremely loud and you have notice that you have lost of hearing that is very likely a work comp claim. PROBLEMS BREATHING. Exposed to dirt, dust, sand, etc... and you have notice lost of breathing it is very likely that it is due to the exposure to those elements. PSYCHOLOGICAL INJURY. If at work you have been bullied, sexually harassed or subject to any unwanted behavior and due to that behavior you are now affected in any way psychologically you might have a Workers Compensation claim. CALL MONTOYA LAW IF YOU HAVE NOTICE A CHANGE IN YOUR BODY SYSTEM DUE TO WORK DUTIES.
  1. When I get home after work I am always in pain. Can this be work related although nothing specific happened?
    YES it can. If you perform job duties that require repetitive motions such as lifting, carrying, standing, pushing, typing, pulling, sitting, driving, etc... and you have pain to body parts it is very possible that you have a workers compensation claim. This type of injuries are known as Continuous Trauma claims. Immediately after feeling pain report it to your employer stating that pain is due to your job duties. MONTOYA LAW can get you immediate quality medical attention for your injury.
  2. If I have a claim which I treated with industrial doctor for a long time can I still get an attorney?
    Yes. It gets a little bit more complicated because the industrial doctor and your employer have created a medical file against you. We will immediate get you doctors that we know will adequately treat your work injuries. Medical evidence is essential to your workers compensation claim. Although you have to treat, in admitted claims, within the MPN network of the insurance companies we at MONTOYA LAW have numerous years of experience and have doctors in every MPN network that we trust will give a fair assessment of your condition.
  3. How much is my Workers Compensation claim worth?
    This is a very common questions that potential clients ask. The answer is I do not know. In fact no attorney knows and if he tells you an amount after you told him a story he is lying to you. The facts are that when you talk to an attorney you are telling him a fact pattern not a medical opinion or any other documentation needed to properly evaluate your claim. May factors play into action to determine value. (1) Medical evidence; (2) How well you will recover from your injury. As you can see with those two factors it is impossible to determine a value since your recovery can be better than another person who suffered an exact work injury as you. Therefore a money value on your case is merely impossible without the right information.
  4. Why should I hire MONTOYA LAW?
    When you suffer a work related injury you are immediately at a huge disadvantage the Workers Compensation Insurance Company. They have staff that are specially train to deal with Workers Compensation claims and as all businesses maximize revenue and minimize expenses. How do they do that? they minimize your injury and try to pay minimal. MONTOYA LAW will fight for every benefit you deserve. Attorney Ruben Montoya has a record of millions of dollars in settlement and years of trial experience. WITH EVERY CLIENT THAT RETAINS US WE COME WITH A PROMISE, WE WILL NEVER STOP FIGHTING FOR YOU!
HOW DO I PAY FOR LEGAL SERVICES IF I DO NOT HAVE ANY INCOME?
We understand that injured workers are going through financial uncertainty.   At MONTOYA LAW as all Workers' Compensation firms we work on a contingency fee which means that we work on an agreement that we will take a % of your recovery.  Basically there are NO UPFRONT FEES and we recover once you recover.  Yes that means that IF YOU DO NOT RECOVER THERE IS NO FEE.  We are all in with you.  We will make sure that you recover all that you are entitlted too because it is as simple as this THE MORE YOU MAKE THE MORE WE MAKE. Attorney Ruben Montoya has recovered millions for Injured Workers.  Calll us now for a FREE CONSULTATION.  
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