In a perfect world, when you’re hurt at work, you’d receive the compensation you deserve automatically. From the moment you were injured, your company would do everything they could to take care of you. They’d put you with medical professionals, make sure that you receive your compensation, and then welcome you with open arms when you return. Unfortunately, that’s not how it works. There are plenty of different kinds of workers compensation claim challenges. We have helped so many to overcome them and we can do the same for you.
These are five of the most common challenges, yes. However, they’re far from the only challenges that injured workers need to deal with. If you believe that you’ve been injured on the job and the process isn’t working as you believe it should, reach out. We offer free consultations. That way, we can tell you the truth with no risk whatsoever to you.
Challenge 1: Dealing with Insurance Company Delays and Denials
Of all the obstacles keeping injured workers from the compensation they deserve for their at-work injuries, insurance companies’ tactics are number one. This is the most difficult to overcome challenge. And, indeed, these tactics are absolutely a significant reason why you should have an experienced workers’ compensation attorney by your side.
Tactics the Insurance Company May Use
Delay. That’s their most common tactic. Why? Because it works. They understand that injured workers don’t want to have to wait around to receive everything that they should. So, the insurance company can delay the approval of treatment,they’ll demand excessive documentation, they could even demand several needless medical exhaustions, and even demand pre-authorization for routine treatments.
Why do that? Not because they want to make sure that you’re receiving the treatment you should, no. Instead, they want to wear you down. They want to “run out the clock,” so to speak, hoping that you’ll give up.
When you have the right attorney by your side, this won’t happen. We know how to counteract this. That way, the insurance company can’t just grind you down and hope that you’ll succumb to their tactics.
Challenge 2: Navigating Complex Medical Treatment Authorization
Unfortunately, many serious at-work injuries require extensive medical treatment. California’s workers compensation involves multiple layers of medical treatment authorization. These can do exactly what the insurance company’s tactics do: delay.
For example, many treatments require pre-authorization. You can see the logic in a macro sense: you only want to receive care that you need. But, with this potentially requiring significant treatment plans and more, all with supporting documentation, it can be lengthy indeed.
MRIs, physical therapy, medication prescriptions, and so forth – you might think that these happen automatically. The sad truth is that they don’t. By having an experienced attorney by your side, you give yourself the best chance of receiving the treatment and care that you need when you need it.
Challenge 3: Understanding Complex Legal Procedures and Deadlines
Missing a deadline can lose you your benefits. Worse, it can, in some circumstances, lead to denied claims. We don’t say this to scare you. Rather, it’s to let you know just how important it is to follow California’s workers’ compensation legal procedures precisely and meet all deadlines promptly.
The procedural rules, deadlines, filing requirements and more that make up the workers compensation program are like a maze. This is one of the most significant reasons we recommend folks reach out to an experienced attorney: we’ve guided people through this before.
For example, we’ve had many clients who were able to help them recover permanent disability benefits. They have deadlines they have to meet in terms of evaluations. Should they miss a deadline, it could lead to their benefits being reduced or their claim being denied.
You didn’t ask to be hurt in an accident. The last thing you need is something seemingly small to keep you from receiving the compensation that you deserve. Having an attorney meet all of the deadlines for you can make all of the difference.
Challenge 4: Managing Financial Hardship During Extended Recovery
The period after you or a loved one is injured at work can be one of the most difficult times in your life. You may have less money coming in, all while you/someone you love are recovering from an injury. This is another reason why it makes so much sense to reach out to an experienced attorney.
In California, if you’re injured on the job, you can receive compensation. You want to do everything in your power to be able to receive that compensation. After all, you earned it. Yes, the time after an at-work injury is incredibly stressful. However, by having an experienced attorney by your side, you can take one of the most significant burdens (your case) off of your shoulders.
Challenge 5: Dealing with Employer Pressure and Workplace Retaliation
Retaliation for filing for workers compensation is illegal in California. If you believe that you’ve been a victim of it on any level, you should reach out to an attorney. However, unfortunately, it does happen.
It can take many forms, too. Maybe your boss pressures you to return to work before you’re ready. Maybe your company refuses to accommodate your medical restrictions. Perhaps your boss just straight up harasses you, takes away your hours, kicks you out of workplace activities, and more.
You don’t have to take any of that. Indeed, you shouldn’t. You’re a hard worker who suffered an injury. Under no circumstances should you be retaliated against. If it happens to you, reach out.
Frequently Asked Questions About Workers’ Compensation Challenges
Q: How long do I have to report a workplace injury to my employer?
A: California law requires reporting workplace injuries to your employer within 30 days of the incident or when you discover the injury is work-related. However, reporting immediately provides the best protection for your claim.
Q: Can my employer force me to see a company doctor instead of my own physician?
A: Your employer can direct you to a company doctor for the first 30 days of treatment. After that period, you have the right to choose your treating physician from your employer’s Medical Provider Network.
Q: What should I do if my workers’ compensation claim is denied?
A: You have the right to appeal denied claims through the Workers’ Compensation Appeals Board. Consider consulting with an experienced attorney to evaluate your case and guide you through the appeals process.
Q: Can I be fired for filing a workers’ compensation claim?
A: No, California law prohibits employer retaliation against workers who file legitimate workers’ compensation claims. If you experience retaliation, you may have additional legal remedies available.
Q: How long will my workers’ compensation case take to resolve?
A: Case duration varies significantly depending on injury severity, treatment needs, and whether disputes arise. Simple cases may resolve in months, while complex cases involving permanent disabilities can take years.
Q: What if my injury affects my ability to return to my previous job?
A: You may be entitled to vocational rehabilitation services to help you develop new skills or find suitable employment within your physical restrictions. Permanent disability benefits may also compensate for reduced earning capacity.
Taking Control of Your Workers’ Compensation Journey
When you’re injured at work, it can feel like you’re not in control of anything. However, that’s not really the case. If you’re hurt at work, you can take control of your workers compensation by reaching out to an attorney who’s helped people through this process before. Your recovery as well as your finances are too important to shy away from challenges. If you’re presented with any of these challenges or similar ones, reach out.
