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 pay you the benefits you are entitled to receive. At the Law Offices of Hinden & Breslavsky, APC, we believe that you should be focusing on healing – not worrying about what you will do without a steady income and mounting medical bills.
Our Los Angeles employer refusal lawyers can navigate the complex system of workers’ compensation regulations on your behalf so that you can focus on recovering. Here, we’ve provided a brief overview of the California workers’ compensation claims filing process, as well as what to do if your employer is refusing to pay your rightful benefits. We strongly encourage you to involve an attorney early in your case so that you have the best possible chance of a successful outcome.
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 qualified attorney to ensure that you do not make any mistakes that could jeopardize your ability to receive benefits.
Generally speaking, the process of filing a claim for workers’ compensation in California is as follows:
- After suffering a work-related injury, or once you become aware that you have a work-related illness/condition, you will need to report the injury/condition (in writing) to your employer. You should do this as soon as possible, as you only have 30 days to take action – and the clock typically starts ticking on the date of your accident/injury.
- After you have provided a written report of your injury to your employer, he or she should provide you with a workers’ compensation claim form (Form DWC-1) within one business day. Your employer should also provide you with applicable information regarding your right to receive workers’ compensation.
- Complete the employee portion of the Form DWC-1 as thoroughly as possible and return it to your employer. Your employer is then responsible for filling out his/her portion of the form and submitting it to his/her insurance provider.
Once the form has been submitted, the insurance provider will begin determining if the claim is valid. Even before this determination has been made, the insurance company must pay up to $10,000 for your medical treatment for your injury. Additionally, if your work injury prevents you from returning to work, you should start receiving temporary disability benefits from the insurance company within two weeks (14 days) of the insurance company becoming aware of your injury/illness.
What To Do If Your Employer Refuses To Pay Your Rightful Benefits
If your employer refuses to cooperate with the workers’ compensation claim process, contact an attorney immediately. You have the right to take legal action and pursue the fair compensation you are owed.
At Hinden & Breslavsky, our Los Angeles employer refusal lawyers can assist you with:
- Compiling all pertinent evidence, including medical records
- Contacting medical experts
- Taking depositions
- Representing you at your workers’ compensation hearing
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 which point our attorneys’ fees are paid via a pre-agreed upon portion of your total recovery.
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 323-472-4692. Our team speaks English, Spanish, Russian, Ukrainian, Hebrew and Farsi.