Employer Refuses to File Workers Comp Claim in Los Angeles

Workers’ Compensation Claim Process And Employer Refusal

The process of filing a workers’ compensation claim in California and receiving your benefits can be complex. It can quickly become even more complicated if your employer refuses to file or pay the benefits you are entitled to receive. At the Law Offices of Hinden & Breslavsky, APC, we believe that injured workers should be focusing on healing – not worrying about what to do without a steady income and mounting medical expenses.

Our Los Angeles employer refusal lawyers can help when your employer refuses to provide your rightful workers’ compensation benefits. We can navigate the complex workers’ compensation system on your behalf so you can focus on recovering from your workplace injury. Whether your employer refuses to file a workers comp claim or disputes your medical records, we will handle the claims process and make sure you receive immediate medical attention.

We’ve provided a brief overview of the California workers’ compensation claims filing process, as well as what to do if your employer fails to provide worker’s comp insurance or pay your lost wages. If your employer does not carry workers comp insurance or delays your medical treatment, it’s important to seek legal help right away. Our attorneys will fight to ensure that you receive the medical care and compensation you deserve after an on-the-job injury.

How The Workers’ Compensation Process Works In California

If you are injured on the job in California, you are entitled to workers’ compensation benefits. In order to receive these benefits, you must follow a certain process. It’s a good idea to speak to a licensed attorney to ensure that you do not make any mistakes that could jeopardize your ability to receive compensation, especially if your employer refuses to file a workers’ comp claim.

Generally speaking, the process of filing a worker’s compensation claim in California is as follows:

• After suffering a workplace injury or becoming aware of a work-related illness, you must report the injury to your employer in writing. Injured workers only have 30 days to take action, and this timeline usually starts on the date of the accident or injury.
• After submitting a written accident report to your employer, they are legally obligated to provide you with a workers’ compensation claim form (Form DWC-1) within one business day. Employers are also required to provide information about your rights to workers’ compensation coverage.
• Complete the employee portion of the claim form and return it to your employer. Once your employer fills out their portion, they must submit it to their insurance carrier. This step is crucial for the insurance company to begin reviewing the validity of your comp claim.

Even before your claim has been approved, the insurance company must pay up to $10,000 for your immediate medical care. If your work injury prevents you from returning to work, you should begin receiving temporary disability benefits from the insurance carrier within 14 days of them being notified about your injury.

For serious cases like repetitive stress injuries or a serious workplace injury, it’s important to seek legal advice as many employers or their insurers may try to deny or delay benefits. Injured employees have a legal right to receive compensation, including coverage for medical bills and lost wages.

What To Do If Your Employer Refuses To Pay Your Rightful Benefits

If your employer refuses to file a workers comp claim or cooperate with the workers comp claim process, it’s essential to seek legal help immediately. You have the right to file a claim and pursue the compensation you are owed under California law.

At Hinden & Breslavsky, our Los Angeles employer refusal lawyers can assist you with:

• Compiling all pertinent evidence, including medical treatment records
• Contacting medical experts to support your work-related injury claim
• Taking depositions and gathering accident reports
• Representing you at your workers’ compensation hearing to ensure the insurance company or insurance carrier pays the compensation you are entitled to

If your employer fails to provide workers’ compensation coverage, or if you are facing delays or denials from the insurance provider, our team is here to protect your rights and help you navigate through the legal complexities of work-related injuries.

Understanding Your Rights as an Injured Worker

When an injured worker faces difficulties with their worker’s comp claim, it’s crucial to understand your rights under California law. If your employer refuses to file a workers comp claim, you have legal options to ensure that you receive the benefits you deserve. Employers are required to provide workers’ compensation coverage, and failing to do so may be considered bad faith.

Steps to Take if Your Employer Denies Your Claim

If you find yourself in a situation where your employer refuses to pay compensation, here are the steps you should take:

1. Notify Your Human Resources Department: Inform your HR department of the issue. They should be able to assist in addressing the refusal and may help facilitate the filing of your claim.
2. Document Everything: Keep detailed records of all communications regarding your claim, including any interactions with your employer and their employee assistance office. This documentation can be invaluable if you need to file a claim later.
3. Seek Legal Counsel: Contacting a qualified attorney can help you navigate the complexities of the workers’ compensation system and ensure your rights are protected.

The Importance of Filing a Separate Claim

In some cases, it may be necessary to pursue a separate claim if your employer is not fulfilling their obligations. For example, if the injury occurred due to negligence or unsafe working conditions, you might have grounds for a personal injury lawsuit against your employer. Consulting with a legal professional can help determine the best course of action in such situations.

Knowing the Claims Process

Understanding the claims process is essential for successfully receiving your benefits. After reporting your injury, your employer is legally obligated to file the first report of your injury to the insurance carrier. If they fail to do so, it could be a violation of California law, and you may need to take steps to claim directly with the insurance provider.

Find Out How We Can Help In A Free Consultation

It costs nothing upfront to work with our team. We offer our legal services on a contingency fee basis, meaning we are only paid if and when we recover compensation in your case. At that point, our attorney’s fees are paid via a pre-agreed-upon portion of your total recovery.

If your employer refuses to file a workers comp claim or you are facing issues with claim denial, our team is prepared to assist you. We understand the complexities of workers’ compensation and can help you navigate the process to file a claim effectively. We can also provide support if you need to gather medical records or if you are dealing with a work injury that may require you to take legal action against your employer.

In situations where employees are not receiving the benefits they deserve, we can guide you on your legal options, ensuring that your rights are protected and that you receive the compensation you are entitled to.

To learn more about how we can help you with your workers’ compensation claim, claim denial or related issue, contact us online or by phone at (323) 954-1800. Our team speaks English, Spanish, Russian, Ukrainian, Hebrew and Farsi.