Injured Worker Advocate

Many work injuries do not only involve the immediate body part or system where symptoms are experienced. When initially seeking medical treatment, medical personnel are focused on the injuries causing the most pain immediately. However, it is very common for additional injuries to manifest through the workers compensation claim process, or develop out of the treatment itself. This creates a snowball effect that can combine to very catastrophic injuries that may be completely disabling, and are almost always challenged by the workers compensation insurance carrier.

Other catastrophic injuries are apparent in severity, like the loss of a limb; however, the involvement of other body systems and the injured workers’ mental health are commonly overlooked by injured workers, and even their physicians.

At Gorman Law we listen to our clients and will never stop pursuing your right to benefits for these developments.

Pre-existing conditions are typically not paid for by insurance companies, through a process called “apportionment”, but even a relatively minor orthopedic injury, combined with a more severe pre-existing condition not related to the work injury, combine to completely disable an injured worker and prevent them from ever returning to any job. The Subsequent Injuries Benefit Trust Fund may provide additional benefits in these situations, but many attorneys in California do not understand the methods to access these benefits. At Gorman Law we never leave a source of benefits for our clients untouched.

Some injured workers, either due to age or nature of disability, require complicated settlement considerations to ensure their settlement does not prevent them from access to Medicare Benefits. Medicare is not obligated to recognize workers compensation settlements when they decide whether or not your medical treatment is covered, and approval from the Center for Medicare Services is sometimes required to preserve your entitlement to medical treatment through Medicare. Ensure you are represented by an attorney who understands these complexities, and protects your rights. Mr. Gorman has personally negotiated thousands of settlements, involving all levels of complexity.

Many workers are nervous about filing a claim for benefits because they are concerned that their employer may treat them differently. California Law has expressly made all discrimination in employment decisions due to an employee filing a workers compensation claim, ILLEGAL. These adverse personnel decisions may entitle an injured worker to additional benefits and recovery, including an increase of all benefits, back pay, and even a rehire. Gorman Law will not allow their clients to be intimidated or discriminated against due to an injury. We will fight for you every step of the way.

Workers Compensation Benefits are provided under a system where negligence is not taken into account when determining if an employee is entitled to benefits, and benefits are generally not increased or decreased due to the negligence of an employer or employee. However, in cases where grossly negligent or intentional conduct by an employer causes an injury to a worker, that worker may be entitled to increased benefits. These injuries involve another layer of issues to be litigated, and complex discovery by your attorney. Gorman Law will not fail to seek benefits on your behalf.

Some employers and insurance companies will unreasonably delay or deny benefits to discourage injured workers or try to force a quick settlement. Some employers are uninsured. Others may try to intimidate or harass injured workers, deny that the worker was in fact an employee, or claim that an injury the employer witnessed never happened. In some instances, this conduct may provide additional benefits in the form of penalties. Mr. Gorman will discuss these issues with you, and formulate a strategy for dealing with bad faith conduct by your employer, their insurance carrier, or accessing benefits if your employer has violated the law and not carried workers compensation coverage for you.