By Steve Franco

If you’re receiving workers’ compensation benefits after a workplace injury, you may wonder whether you can still take a vacation or travel to visit family. The good news is that in most cases, yes, you can travel while receiving workers’ compensation benefits.

However, there are several important issues you need to understand before packing your bags. A vacation that seems harmless could potentially create problems for your claim if you’re not careful.

In this article, we’ll explain what injured workers should know before traveling and the mistakes that could jeopardize their workers’ compensation case.

Yes, You Can Travel While Receiving Workers’ Compensation

Many injured workers mistakenly believe they are not allowed to leave town while receiving benefits. California workers’ compensation laws generally do not prohibit travel or vacations.

That said, your workers’ compensation claim remains active while you’re away. Insurance companies, employers, and claims administrators may continue evaluating your case, and your actions during the trip could affect how your claim is viewed.

The key is to travel responsibly and ensure that your activities remain consistent with your medical condition and work restrictions.

1. Watch for Modified Duty Job Offers

One of the biggest mistakes injured workers make is failing to monitor communications from their employer while traveling.

Even if you are currently receiving temporary disability benefits, your employer may offer you a modified or light-duty position that complies with your medical restrictions.

If your employer sends a written job offer and you fail to respond because you’re on vacation, it could negatively impact your claim. In some situations, your temporary disability benefits may be suspended if suitable work was offered and you did not accept it.

Before traveling, make sure you:

• Check your mail regularly.
• Monitor your email.
• Stay in contact with your attorney.
• Make arrangements for someone to notify you about important correspondence.

For more information, visit our workers’ compensation page.

2. Follow Your Medical Restrictions at All Times

Your doctor’s restrictions apply whether you’re at work, at home, or on vacation.

For example:

• If you’re restricted from lifting more than 10 pounds, avoid carrying heavy luggage.
• If you’re restricted from prolonged standing, avoid activities requiring hours of walking.
• If you’re prohibited from bending, twisting, or climbing, avoid activities that involve those movements.

Insurance companies may investigate workers’ compensation claims through surveillance, often referred to as sub rosa investigations. Surveillance evidence may be used to challenge an injured worker’s credibility if their activities appear inconsistent with their reported limitations.

Remember, it’s not just about what you do. It’s also about how your actions may appear if viewed by an insurance adjuster, defense attorney, judge, or medical evaluator.

3. Avoid Posting Vacation Photos on Social Media

This may be the most important advice in this article.

Social media posts can become evidence.

Many people assume their Facebook, Instagram, TikTok, or other social media accounts are private. Unfortunately, information can be shared, copied, screenshot, or accessed in ways you may not expect.

Insurance companies may attempt to use vacation photos to argue that an injured worker is less disabled than claimed.

A photo of you doing any of the following may be taken out of context and used against you:

• Hiking
• Swimming
• Dancing
• Carrying luggage
• Participating in recreational activities

Even if the activity was medically appropriate, the image may create questions that you later have to explain.

The safest approach is simple: Do not post vacation photos or travel updates while your workers’ compensation case is pending.

4. Understand How Travel Can Affect Temporary Disability Benefits

Temporary disability benefits are designed to replace wages when an injured worker cannot perform their regular job due to a work-related injury.

Traveling itself does not automatically terminate these benefits. However, certain vacation activities may raise concerns about whether your physical condition is as limiting as previously reported.

Insurance carriers may question:

• The physical demands of your trip.
• Activities you participated in.
• Whether those activities are consistent with your restrictions.
• Whether your condition has improved.

This does not mean you must stay home and avoid enjoying life. It simply means you should exercise good judgment and remain consistent with your medical limitations.

5. Talk to Your Doctor Before Traveling

Before making travel plans, discuss the trip with your treating physician.

Your doctor can:

• Confirm that travel is medically appropriate.
• Identify any precautions you should take.
• Provide documentation if necessary.
• Explain whether the trip could affect your recovery.

This is especially important if:

• You recently had surgery.
• You are receiving ongoing treatment.
• You have upcoming medical appointments.
• You require physical therapy.
• You have significant mobility restrictions.

Obtaining your doctor’s approval can help avoid misunderstandings later.

Additional Travel Tips for Injured Workers

• Inform your attorney of your travel plans.
• Ensure you won’t miss medical appointments.
• Continue following all treatment recommendations.
• Monitor communications from your employer and insurance company.
• Follow all work restrictions.
• Avoid activities that could worsen your injury.
• Stay off social media until your claim is resolved.

Frequently Asked Questions

Can I leave California while receiving workers’ compensation?

Generally, yes. However, you should continue complying with your medical treatment plan and remain available for important communications regarding your claim.

Can workers’ compensation investigators follow me on vacation?

Insurance companies may conduct surveillance if they suspect fraud or believe additional investigation is warranted. Activities that appear inconsistent with your restrictions could potentially be used as evidence in your case.

Can I travel internationally while on workers’ compensation?

In many cases, yes. However, international travel may complicate medical treatment schedules and communications. Consult your attorney and physician before making plans.

Can I lose my benefits for taking a vacation?

Simply taking a vacation does not automatically disqualify you from benefits. Problems generally arise when an injured worker ignores medical restrictions, misses important communications, or engages in activities inconsistent with their claimed limitations.

Protect Your Workers’ Compensation Case While Traveling

Taking a vacation while receiving workers’ compensation benefits is usually allowed, but it requires careful planning.

Remember to:

• Watch for modified-duty job offers.
• Follow your medical restrictions.
• Avoid posting on social media.
• Understand how your activities may be perceived.
• Consult your doctor before traveling.

By taking these precautions, you can enjoy your trip while protecting your workers’ compensation claim.

External Resources

• California Department of Industrial Relations
• California Division of Workers’ Compensation
• U.S. Department of Labor

Contact Franco Muñoz Law Firm

If you have questions about your workers’ compensation claim, our team is here to help.

Franco Muñoz Law Firm
Phone: (667) 350-1072

Schedule a free consultation today and learn how we can help protect your rights and maximize your benefits.

About the Author

Steve Franco is a partner of Franco Muñoz Law Firm and has helped thousands of injured workers throughout California recover workers’ compensation benefits. He regularly educates workers through community outreach, television appearances, and online videos focused on protecting injured employees’ rights.

The post Can You Go on Vacation While Receiving Workers’ Compensation Benefits? appeared first on Workers Comp Attorney| Franco Munoz.

By Estela Barajas. In this article, we’ll examine what the California workers’ compensation rate decrease 2024 means for employers and employees.

On October 7, 2024, the Insurance Journal reported that the California Department of Insurance has approved a decrease in workers’ compensation rates for 2024. While this might sound like good news for employers who pay into the system, injured workers might wonder: how will this affect me?

At Franco Muñoz Law Firm, we represent injured workers who rely on fair compensation to cover their medical bills, lost wages, and other expenses after a workplace injury. So let’s break down what this rate decrease could mean for you as an employee. It is also important to know why it’s essential to stay informed about changes in the workers’ compensation system.

What Are Workers’ Compensation Rates?

Workers’ compensation insurance rates are the premiums employers pay to cover the cost of workplace injuries. These rates are influenced by various factors, including the number of workplace injuries reported, medical costs, and inflation. When the state approves a rate decrease, it often reflects improvements in workplace safety and fewer claims.

What Does This Mean for Employers?

For businesses, a reduction in workers’ compensation rates could mean lower premiums, which translates to cost savings. The current decrease approved for 2024, reported by the Insurance Journal, stems from lower medical costs and fewer reported claims in recent years.

But What About Injured Workers?

While reduced rates may be good news for employers, injured workers need to be aware of how this might impact them. Here are a few things to consider:

1. Medical Treatment Access: As employers see lower rates, there’s a concern that insurers may seek to cut costs by tightening approval for medical treatments or delaying necessary care. At Franco Muñoz, we’ve seen cases where workers struggle to get timely access to treatments, diagnostics, and surgeries after being injured on the job. Staying vigilant and working with experienced attorneys can help ensure you get the care you deserve.
2. Claims Handling: A decrease in rates could lead insurers to handle claims more conservatively. This might mean increased scrutiny of claims or even denials of valid claims. Injured workers should understand their rights to appeal decisions and pursue compensation if they feel their claim is being unfairly handled.
3. Fair Settlements: If insurers become more focused on keeping costs down due to lower rates, they may push for lower settlement amounts in workers’ compensation cases. An experienced attorney can ensure you receive a fair settlement that reflects the true extent of your injury and its impact on your life.

Why You Need Legal Support

At Franco Muñoz, we’ve helped injured workers fight for the benefits they’re entitled to under California’s workers’ compensation system. While lower rates may benefit employers, it’s crucial for injured workers to have advocates who can navigate potential roadblocks in the claims process.

How We Can Help

If you’ve been injured at work, don’t wait until you’re facing a claim denial or delayed medical treatment to seek help. Our experienced workers’ compensation attorneys are here to guide you through the process from start to finish. They will ensure your rights are protected every step of the way.

Conclusion

The recent decrease in workers’ compensation rates approved for 2024 may signal positive changes for employers, but it’s essential for injured workers to stay informed. The rates may be lower. However, that doesn’t mean your rights as an injured worker should be compromised. If you’ve been injured on the job, contact Franco Muñoz Law Firm today. This will ensure your claim is handled fairly and you receive the compensation you deserve.

Estela Barajas is a dedicated workers’ compensation attorney at Franco Muñoz Law Firm, where she helps injured workers navigate California’s complex workers’ compensation system.

The post California’s Workers’ Compensation Rates Set to Decline: What This Means for Injured Workers appeared first on Workers Comp Attorney| Franco Munoz.

At Franco Muñoz Law Firm, we want to help you understand your rights when it comes to workers’ compensation. One important topic is what happens if you want to make a change of treating physician after discharge from care. Understanding the rules regarding a change of treating physician after discharge from care is essential for your claim. Let’s break it down.

What Does Discharged from Care Mean?

When your treating doctor says you are “discharged from care,” it means:

• Your injury is considered permanent and stationary (not expected to improve or worsen).
• You are cleared to return to work.
• No more doctor visits or treatments are needed.

The Old Rule: Tenet/Centinela Case

A long time ago, in a case called Tenet/Centinela Hospital Medical Center v. WCAB (Rushing) (2000), the court decided that if a doctor says you are discharged, you can’t change your treating doctor just because you might need future medical care. You had to follow specific rules to change doctors, especially concerning a change of treating physician after discharge from care.

The New Rules: What Has Changed?

Now, the rules have changed. According to current laws:

• You can choose a new treating doctor if your current doctor says you need ongoing or future medical treatment.
• If you are part of a Medical Provider Network (MPN), you can pick a new doctor from the MPN after your first medical evaluation, but the process for a change of treating physician after discharge from care is different.

The Gonzalez Case

In a more recent case called Gonzalez v. Vermont Healthcare Center (2024), the Workers’ Compensation Appeals Board (WCAB) looked at these new rules. Gonzalez got injured and was treated by an MPN doctor who later discharged him, saying he was cured with no need for further treatment. Gonzalez tried to pick a new doctor within the MPN, but the employer denied it.

What Did the WCAB Decide?

The WCAB said Gonzalez couldn’t choose a new treating doctor after being discharged. The law says if you disagree with your discharge, you must use the Qualified Medical Evaluator (QME) process to dispute it. Here’s what you need to know:

• If your doctor says you are discharged, you can’t automatically pick a new doctor.
• If you think you still need treatment, you have to go through the QME process to challenge your discharge.
• If the QME says you need more treatment, then you might be able to choose a new treating doctor.

Important Points to Remember

• Released from Care: This means your doctor thinks you don’t need any more treatment.
• QME Process: If you disagree with being discharged, you can use the QME process to get a second opinion.
• Medical Provider Network (MPN): If you are in an MPN, you must choose a doctor from within the network unless otherwise directed by the QME process.

What Should You Do?

If your treating doctor has discharged you and you believe you still need medical care, follow these steps if you are considering a change of treating physician after discharge from care:

1. Request a QME: Ask for a Qualified Medical Evaluator to review your case.
2. Get a Second Opinion: The QME will decide if you need more treatment.
3. Follow the QME Decision: If the QME says you need more treatment, you can then choose a new treating doctor.

Understanding these rules can help ensure you get the medical care you need after a workplace injury. In summary, knowing the process around a change of treating physician after discharge from care can make a big difference in your workers’ compensation outcome. If you have any questions or need help with your workers’ compensation claim, contact Franco Muñoz Law Firm today.

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In the realm of Workers’ Compensation, the employer’s duty under Labor Code (LC) 4600 is clear: they must furnish medical treatment reasonably required to cure or relieve the injured worker from the effects of their injury. A recent case, Derboghossian v. All Tune & Lube, 2024 Cal. Wrk. Comp. P.D. LEXIS 85, sheds light on the nuances of this duty, particularly when it involves unconventional forms of medical treatment.

Case Summary: Derboghossian v. All Tune & Lube

The Workers’ Compensation Appeals Board (WCAB) held that the defendant was liable for the reimbursement of a replacement security system for the applicant. This decision was rooted in the following sequence of events:

1. Initial Injury and Security System Installation (2011):
   • The applicant sustained an injury resulting in permanent total disability.
   • In response to a recommendation from the applicant’s treating physician, the defendant reimbursed the applicant for installing a home security system in 2011.
   • The system was deemed necessary to assist the applicant, who is blind and suffers from psychological injury.
2. System Upgrades and Replacement (2012 and 2019):
   • In 2012, the defendant reimbursed the applicant for system upgrades.
   • In 2019, the applicant installed a new security system. The defendant submitted the request for a new system to utilization review (UR), which denied it.
3. WCAB’s Ruling:
   • The WCAB ruled that, although a home security system is not typically considered medical treatment, it becomes so when prescribed by a doctor for a patient with specific needs (in this case, blindness and psychological injury).
   • The decision established in 2011 that the security system was reasonable and necessary medical treatment remained valid.
   • The WCAB differentiated this case from Patterson v. The Oaks Farm (2014) 79 CCC 910, noting that tangible medical equipment like a security system must be maintained as long as needed by the applicant.

Key Takeaways from the Ruling

• Medical Treatment Definition: The scope of what constitutes medical treatment can extend beyond conventional medical services to include durable medical equipment when prescribed by a physician for specific medical conditions.
• Continuity of Care: Once medical equipment is authorized, the defendant must ensure its maintenance and replacement as long as the applicant requires it.
• Penalties for Non-compliance: The WCAB concluded that the defendant’s failure to provide a good-faith basis for the delay in reimbursing the applicant warranted penalties under LC 5814 and attorney fees under LC 5814.5.

This case underscores the importance of understanding and adhering to the broad scope of care required under LC 4600. Employers and insurance carriers must recognize that the duty to cure or relieve an injured worker’s condition may involve non-traditional forms of treatment, and failure to comply can result in significant penalties.

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