“When I seek out professional advice, I don’t want B.S. I want it straight up, with no double talk. I figure do also. I always use plain English, with no sugarcoating no B.S lawyer talk, and no double talk- just old fashioned, unsweetened, unvarnished truth-just the way that I would want it.” -Bill Turley
The First Step
When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.
The Next Step
If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.
What should I put down on the California Workers Compensation Claim Form - DWC-1?
Caution should be taken in how the workers compensation claim form (DWC-1) is filled out. Remember, everything that is placed on the form can and will be used against you in a court of law, namely, the WCAB or the Superior Court in a third-party case. It is best to have a seasoned workers' compensation attorney help you fill out the form. However, absent that, a few considerations should be kept in mind.
One consideration to be made carefully is statements of "fault" or "causation". Under California workers' compensation law, fault is not supposed to be an issue. However, this can become an issue, inadvertently, when a worker makes an incorrect statement of fault (that is, who caused your serious injury). Often times, injured workers may not have all the information needed to reach an accurate conclusion as to who or what actually caused their injury.
For example, it may be easy to state that a co-worker negligently operated a forklift, causing injury, because that's how it may appear at first. However, further investigation may reveal that the injury was actually caused by the forklift's defective design, and that other people have been injured or killed previously because of the same unsafe machine.
Therefore, it is usually better to keep the DWC-1 statement brief and in general terms.
"Forklift injury - amputated right leg. Also injured left leg, body, back and head. Please see medical reports for a complete report of all injuries."
Notice that a description of the incident was given: "Forklift injury." That's enough. No more information is needed. You have protected your rights.
Notice also that all known as well as suspected body parts are provided.
The part about "Please see medical reports for a complete report of all injuries" is not always necessary but is a nice detail. It lets your employer know that you may have injuries that are not necessarily apparent when the form was filled out, which you can add to your claim later when they become clear.
For example, when you have lost your leg, any injuries to your head may not have seemed so important. You may not have even noticed them. However, after some neurological testing, it may become apparent that the head injury or cognitive injuries may cause more future problems to your employment than the loss of leg. You never know. So why take a chance? List all body parts and state, " Please see medical reports for a complete report of all injuries."
Always Tell The Truth - We Help Win Your Case With The Truth
You only have one workers compensation case. You only get one chance in court. If the Judge see you have lied to them or see you have been untruthful with them then they will vote against you. You need a lawyer that has the skill and courage to win your case with the truth. Always tell the truth when you are asking for money in a court case. Always. Juries and Judges will forgive a whole lot if you are honest with them. Nobody forgives someone that lies to them. Would you?
Everyone has bad facts or bad evidence in their case. Everyone. We are going to be painfully honest with the jury about any of these "bad facts." Sometimes when they are placed in the bright light of a court room, they don't seem so bad. Other times you are going to need to deal with the issue first. Tell the Judge or Jury about the issue from the beginning of your case
In some circumstances you may be better off letting the defense bring up the difficult evidence. It depends. One thing that doesn't ever depend is you being honest about everything. We understand how to win lawsuits because we present evidence honestly. We can help you if you have difficult issues in your case too. Call us. We can usually get past just about anything. You just have to be honest about it and fess up to it.
Whatever you think is the biggest potential problem with your case is the very thing you need to talk to your lawyer about the most. At the Turley & Mara Law Firm, APLC we encourage and expect a frank discussion of the issues with our clients. You deserve a lawyer that is going to present your case honestly. We will help you win your case with the truth.
A Guide For You and Your Family
At The Turley & Mara Law Firm, APLC we promise to guide you through the complex workers compensation legal process. This will allow you the time that is necessary to heal and get better. We will work hard to make sure you do not become a victim a second time by settling for less compensation than what you are rightfully due under California workers injury law. Contact us today so we can start helping you.
We Protect You When You Are Hurt
We know how difficult it can be for an injured worker and their family after they have suffered a serious work injury. Contact us to get the help you need and can trust to make it through this difficult time.
Proceed With Care
You must proceed carefully when applying for California workers compensation benefits. One mistake in a doctor's record or a missing form can make the difference between immediate benefits or months, possibly years of delay. You will encounter a bureaucratic morass. All the different hoops you need to jump through to get California workers compensation benefits can be intimidating. Having a seasoned California workers compensation lawyer gives you a big advantage.
The Bottom Line
Don't wait until it is too late to hire a lawyer for your work injury case.
Why Trust The Turley & Mara Law Firm, APLC?
* Since 1987, The Turley & Mara Law Firm, APLC has worked tirelessly to help their clients recover. This includes recovering from their Work injury and/or personal injury physically, emotionally and monetarily
* Their firm is respected throughout California's legal community and courts
* The highest rated San Diego Workers Compensation Lawyer in San Diego by AVVO.com
* Voted Top 10 Personal Injury Attorney in San Diego
* Elected President of the Consumer Attorneys of San Diego
* Elected to Board of Governors of Consumer Attorneys of California
* Lectures to other lawyers.
* Consumer Attorneys of San Diego Trial Master
* 2011 - 2017 Super Lawyer
Call 619-234-2833 or 866-705-4617 Or email us.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley