Have you been denied workers comp benefits and have questions? Check out this article, then give our office in California a call.
Denied Workers’ Compensation Claim
A question that we receive all too often here at the firm is what to do once a claim has been denied. The reality is that, all too often, valid claims are denied by the employer or, more often than not, by the insurance carrier. In fact, a lot of times, claims are just denied as a matter of course.
If you have filed a Workers’ Compensation claim and the insurance carrier or the employer is denying that Workers’ Compensation claim, it’s important for you to do a couple of things. First, it’s important for you to continue on with your Workers’ Compensation claim to make sure that you receive the treatment that you deserve. Second, it’s important for you to document the fact that you did get injured at work and that your claim should be covered under California Workers’ Compensation law.
Three, I would encourage you to reach to an attorney to assist you in making sure that the claim is ultimately accepted either by the insurance carrier, or the employer, or have the California Workers’ Compensation Board find that the claim is actually work-related and that the claim should be covered. If you have any questions as a result of the claim that’s either been denied or been accepted, feel free to give me a call. I’m happy to answer any questions that you may have.
Suing Your Employer After a Workplace Injury
One of the questions we get here at the firm is whether or not you can sue an employer if you got injured at work. The short answer to that is, if you get injured at work, the way that you will process your claim and hold your employer accountable for the injury that was caused is to file a claim with California’s Workers’ Compensation Board. The board is typically the exclusive place for injured employees to go get the treatment that they need, as well as to be compensated for those claims. The California Workers’ Comp Board is specifically tailored to address the injuries related to injuries occurred while at work.
If you’ve been injured at work and you need assistance in filing a claim with California Workers’ Compensation Board, it’s important for you to find an attorney that specializes in that area of the law. If you have any questions regarding that process, feel free to give me a call. I’m more than happy to answer any questions that you may have.
Workers’ Compensation Case Go to Trial
A question we sometimes get early in the process is whether or not a client will need to go to a hearing or to court if they file a Workers’ Compensation claim. For the most part, it will depend on how far your claim goes and what the Workers’ Compensation Board will require of you. I would say that, for the most part, most cases don’t actually go to hearing. Once you hire an attorney, the insurance carrier and the employer will work with us to make sure that you receive the treatment that you deserve. Some of that is making sure that you see specialists that need to see you. Sometimes, that requires you to go and sit for depositions for you to explain how you got injured.
While every claim is different, for the most part, you won’t be required to go to the Workers’ Compensation Board for a hearing. With that being said, we will assist you through every step of the process. If you ultimately have to go to the board, you’ll have an attorney with you; if you sit for a deposition regarding your claim, an attorney will be with you.
If you have questions regarding the process, I think it’s important for you to find an attorney in California who can assist you through that process. If you have any questions regarding the Workers’ Compensation process here in California, give us a call. I’m happy to answer any questions that you may have.
Am I Entitled to Benefits While My Workers’ Comp Case Is Pending?
One question I get asked routinely is: What impact does my claim being denied have on my entitlement to benefits? Can I get benefits while my claim is being processed? The answer is yes and no. If you’ve filed a claim and it’s been denied by your insurance carrier, it’s important for you to file for State Disability in the state of California. If your claim gets accepted through State Disability in California, you’ll hopefully receive payments through California State Disability.
In addition to State Disability, even if your claim has been denied, you’re still entitled to medical treatment. If your claim has been denied, it’s important for you to understand that you have benefits still available to you, including State Disability and seeing a doctor that can assist you in making sure that you receive the medical treatment that you deserve. If you have any questions regarding a claim that’s either been denied or accepted, feel free to give me a call. I’m happy to answer any questions that you may have.
Are you or a loved one in the process of filing an employment claim in California and have questions about being denied workers comp benefits? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
We can help get your life back on track.
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