Injuries on the job are very common and happen at a rate of 2.8 for every 100 workers. In the state of California, there are under 400 fatal injuries per year. When you’ve been injured at work and the compensation isn’t enough, or your application was denied, you can speak with Visalia workers’ compensation lawyers to help you obtain fair compensation on your workers’ comp claim. Your workplace injury deserves a settlement to help you recover from a severe accident, especially if it resulted in permanent disability. Workers’ compensation lawyers will represent victims and show that their work-related injury deserves a fair settlement. Call Grossman Law Offices now for a free consultation in Central Valley, CA.
What Should I Do After I’ve Been Injured At Work?
After you’ve been injured at your job, you must first go through the process of submitting your information to your company before you contact a workers’ compensation lawyer.
Notify Your Employer
Because you’ve been injured, you should let your employer know that you suffered from a work-related injury. They can provide a workers’ compensation claim form that you must fill out and submit. The claim will be reviewed internally by your employers’ claim department and investigated before the insurer takes action.
Await a Decision
Your claim will be reviewed, and a decision will be made on whether or not you should receive workers’ compensation and medical care coverage. If your application is accepted, you can continue receiving treatment and coverage for your medical bills. If your application is denied, you can consider undergoing the appeals process and seeking advice from your workers’ compensation attorney.
Eligibility for Disability
If you end up with a disability that is either temporary or permanent, you can take time off and receive lost wages. Your application can also be reviewed for disability benefits based on your doctor’s recommendations. You may be paid temporary or permanent benefits based on your unique circumstances.
How Do I Appeal My Workers’ Compensation Settlement Amount?
If your workers’ compensation claim is denied by your company’s insurance company, it is possible for you to reverse that decision by initiating an appeal on your claim. In California, you’re allowed to appeal a claim by requesting a hearing before your local Workers’ Compensation Appeals Board judge. These hearings are treated as an informal trial. Here’s how the process works:
File an Application for Adjudication of Claim
Have Your Lawyer File a Declaration of Readiness to Proceed
After the application for adjudication of claim is processed, workers’ compensation lawyers can file a declaration of readiness to proceed on your behalf. This shows that you are ready to see a judge, and you will then be assigned a workers’ comp case number.
Legal Help and Representation
Before you are received by the judge, your workers’ comp attorney can review why you were denied. If your injury was not work-related or if it happened while you worked for another company, they might advise you not to file an appeal. They will also give that advice if you didn’t need medical treatment or time off to recover. Otherwise, they will help by including the correct information, proper evidence, and correcting common errors on workers’ comp claims. They can also speak on your behalf before the judge and provide professional representation to show your evidence in a more favorable light.
You Might Get Expedited Conference
If the judge determines that your insurance company justifiably denied your claim because your injury didn’t happen at work or while you were employed, then you will receive an expedited conference date. This is also known as AOE/COE issues because your personal injury didn’t “arise out of employment” or “in the course of your employment.” This is so that they can quickly make a decision.
You will get your pre-trial conference scheduled and receive a notice of your hearing for the scheduled date and location. If the matter can’t be resolved at the conference, you will receive a date for a trial. More information may have to be submitted before the trial can proceed. In most cases, you will receive a decision at the pre-trial conference.
Even though insurance companies perform initial investigations, the judge will perform their own using the medical evidence you provided. This allows them to judge fairly and decide whether your injuries deserve workers’ compensation coverage.
The judge will make a decision after they review the evidence and will either accept or deny your workers’ compensation claim. This can mean either the coverage you required or additional compensation after the original decision.
Do I Need A Lawyer For My Workers’ Compensation Claim?
After you’ve been denied compensation for your work-related injury, you may need representation before the judge to help improve your chances of receiving a fair settlement. This could be especially important if you were disabled. To learn how Visalia workers’ compensation lawyers can help you, contact Grossman Law Offices for a free consultation.