Every employee should have the opportunity to complete their job duties in a safe environment. Unfortunately, accidents occur at many different types of workplaces in the State of California. If you want to seek monetary compensation for your injuries, then you need to speak to a Buena Park personal injury lawyer.
California law mandates that all employers doing business in the state must have workers’ compensation insurance for employees. The size of the business does not affect this requirement. Retaining a workers’ compensation lawyer in Buena Park can help you obtain the support you need while you recover from your injuries.
Making a Workers’ Compensation Claim in Buena Park, California
It is important to inform your employer as soon as you suffer any type of injury in the workplace. In California, the statute of limitations is thirty days after the date of the injury. It is necessary to file your workers’ compensation claim as soon as possible.
You should also perform the following actions after you inform your employer of your injuries:
- Designate your primary medical provider
- The claims administrator will accept or reject your workers’ compensation claim
- Continue to see your medical providers
- The claims administrator will decide if you are eligible for permanent or temporary disability benefits
- Verify that your benefits have been paid
The benefits you receive under workers’ compensation should be paid out after the settlement of your claim. Once the claims process is complete, then you should receive all your benefits within thirty days of the final settlement date. If you believe that your workers’ compensation claim should not have been denied, then you should seek out a workers’ compensation lawyer in Buena Park.
For a free legal consultation with a workers’ compensation lawyer serving Buena Park, call (310) 896-2723
Understanding Workers’ Compensation
Workers’ compensation assists employees as they recover from the injuries they suffered while working at their place of employment. Some types of employment are more dangerous than others, and these fields typically have more workers’ compensation claims. However, an employee may suffer an injury performing any type of labor, and many potential clients want to know if they can get workers’ compensation if they were in a car accident while working in Los Angeles.
Workers’ compensation benefits may be used to pay for lost wages and medical expenses. Also, workers’ compensation benefits may be used to obtain accident death benefits and short-term disability payments. Some employees suffer acute injuries, and others develop symptoms over a long period of time, but both can receive benefits under workers’ compensation.
Speaking with a workers’ compensation attorney will help you understand how the general principles of workers’ compensation law apply to your case. Sometimes you may not understand simply from reading about a practice area how it applies to your case. However, an attorney can provide you with the specific provisions and statutes as well as cases that are most relevant to your case.
Buena Park Workers’ Compensation Lawyer Near Me (310) 896-2723
Employers May Deny Workers’ Compensation Claims
Although workers’ compensation may seem simple in theory, it can be complicated by numerous factors. Sometimes an employee may violate an employee code of conduct or a safety policy. Other employees may engage in dangerous activities which cause their injuries. Common reasons for workers’ compensation include:
- The injuries were self-inflicted or done on purpose to receive workers’ compensation benefits
- The injuries were suffered by an employee who was intoxicated with drugs or alcohol
- The employee suffered injuries due to transgressing or choosing to ignore employer safety policies
- The employee engaged in a physical altercation or other destructive behavior while at the workplace
Employers will use these and other reasons to deny workers’ compensation claims. Most employees who submit workers’ compensation claims are forced to submit to a drug test to determine if they were under the influence of alcohol or drugs. Some employers will try to use different arguments to justify a decision to deny an employee workers’ compensation benefits.
Appealing a Denied Workers’ Compensation Claim
Workers’ compensation claims may be denied, but employees also have the right to appeal these decisions. A Buena Park workers’ compensation attorney can help you understand the appeals process in more depth. The following are some of the basic tasks associated with appealing a denied workers’ compensation claim:
- File a claim adjudication application within one year from the date of your injury or the date you became aware of your injuries
- Submit a Declaration of Readiness to Proceed in writing which is a request for a workers’ compensation court hearing
- Attend a mandatory settlement conference with your workers’ compensation lawyer and the claims administrator
- Engage in pre-trial discovery and prepare for trial
- File a Petition for Reconsideration with the California Workers’ Compensation Appeals Board
Appealing a denied worker’s compensation claim can consume your financial resources and your time. However, it may be necessary to appeal a decision if you want to seek financial payments and benefits that you should have received under workers’ compensation. Sometimes workers’ compensation claims are denied due to falsified claims submitted by an employer, and in these circumstances, it is recommended that you speak to a Buena Park workers’ compensation lawyer.
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The Majority of Workers’ Compensation Cases in California Are Resolved Through Settlement Negotiations
Most workers’ compensation claims in California end in a settlement negotiated by the employer’s insurer and the injured worker. However, some workers’ compensation cases will not settle due to complicated facts or other variables. Some claimants will need to retain a worker’s compensation lawyer to have a chance of receiving workers’ compensation benefits.
You also should not be afraid to engage in the appeals process. Although it can be intimidating, you have the right to appeal, and an attorney can help make the process less daunting. Do not be afraid to learn more about your right to appeal a denied workers’ compensation claim.
Settlement negotiations conserve valuable time and judicial resources. Court dockets are filled with cases, and sometimes complex cases may take years to resolve. Therefore, settlement negotiations can benefit not only the parties in a single case but the entire legal system as a whole.
Contact the Simmrin Law Group Today to Speak to a Workers’ Compensation Attorney in Buena Park
If you want to know more about your rights under workers’ compensation laws in California, then contact us today to schedule a consultation. We know how frustrating it can be to have your workers’ compensation claim denied. Fortunately, you have legal rights that cannot be denied or ignored by your employer.
Educating clients about workers’ compensation laws is something workers’ compensation lawyers in Buena Park do every day as part of their practice. You have the right to seek worker’s compensation benefits if you suffered injuries at the workplace. Reach out to us today to learn how you can pursue the legal options available to you.