Mistakes to Avoid When Filing for California Workers’ Compensation

Employees hurt in the workplace in California usually have access to remuneration through workers’ compensation. State law enables most injured workers to get compensation for their medical expenses and a part of their lost wages, however, obtaining this compensation isn’t always easy. As an injured worker, there are certain steps that you need to follow when filing a claim for your work-related injury. Besides, filing them incorrectly can forestall the process of acquiring compensation. Contact ODG Law and speak with one of our skilled LA workers’ compensation attorneys to help with the filing and to guide you throughout the process. You may reach us at (818) 975-3080 and schedule a FREE consultation.

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Common Workers’ Compensation Filing Mistakes that Hamper Your Claim

Accidents in the workplace can occur unexpectedly, resulting in serious injuries. These accidents include slipping, falling, or being hit by falling objects. Injuries also occur due to repetitive tasks such as bending and lifting heavy objects. 

Whatever the cause, suffering from a work-related injury can disrupt your ability to perform your job accordingly without feeling any pain or discomfort. Besides, these injuries may lead to high medical expenses. 

Sadly, getting workers’ compensation benefits is challenging because of its complicated nature. To give you the best chances of obtaining the right compensation for a work-related injury, you need to avoid the following mistakes:

Improper Reporting of Your Injury

When you’re hurt at work, gather all the facts of the incident and report the incident to your supervisor as soon as possible. Not informing your superior about the accident immediately, will make it hard to prove your timeline’s injury. Any delays in your injury report will result in delays in your medical treatment. 

Failure to Provide Medical Providers with a Good Information About Your Work Injury

As medical providers check on your injury, it’s crucial to provide them with accurate information about your injuries or they might misdiagnose your condition. Without the right details, your medical records won’t write down the working relationship of your injuries. If the insurance company disputes your claim, your lawyer and the court will depend highly on your medical records, so accuracy is paramount. 

Procrastination of the Filing Process

After informing your supervisor about your injury, you must secure a DWC-1 Workers Compensation Claim form and fill it up. After doing so, you need to hand it over to your supervisor so he can send it to the insurance company for evaluation.

Your employer is liable for prompt reporting, which means that all required information, including personal data, such as social security number, hiring date, and others should reach the insurance company within the specified period. 

Agreeing on an Insufficient Settlement 

Under California law, injured workers have a right to workers’ compensation. Don’t accept an unacceptable low payment. It’s best to speak with our experienced workers’ compensation attorney at ODG Law. We can help you negotiate the arrangement or file an appeal if the insurance company denies your claim. 

Not Following the Doctor’s Instructions

For most injured workers, seeing a doctor means expensive checkups, prescriptions, and travel costs. However, without proper medical care after sustaining a work-related injury, it can considerably damage your chance of getting compensation. The insurance company may argue that failure to get proper medical care proves that your work injury isn’t serious as you claim. 

Another thing is failure to get specific work impediments from your attending doctor. You must prove that you can’t work within your training and qualifications to receive a weekly wage loss check.

Your Employer Failed to Provide the Necessary Requirements 

Each state has its own specific requirements and regulations and California is no different in terms of filing a workers’ compensation claim. Employers must understand precisely the needed requirement before proceeding with the claims procedure.

Your Employer Didn’t Establish a Return to Work Program

In times of injury or illness, a return to work (RTW) or modified duty program can help assuage the stress on the injured worker and employee. This system provides injured employees with a workplace that will accommodate their pre-injury job duties. Likewise, it provides them with monetary security, keeping them socially connected, and helps their skills remain astute.   

Failure to Seek Legal Advise or Help from a Well-Versed Compensation Attorney 

Filing a workers’ compensation claim is a complicated process and you need someone who is an expert and knowledgeable about the legal procedure. Keep in touch with ODG Law’s workers’ compensation attorney for legal help.

What are Your Rights as a Worker?

Your rights as a worker involve a wide range of human rights. It’s not enough that you have the right to file workers’ compensation. You also have the right:

  • To opportunities to gain your living by work which you choose or accept at will
  • To enjoy just and favorable work conditions, particularly remuneration providing all workers with fair salaries
  • To have a safe and healthy workplace
  • To have an equal opportunity to get a promotion to a higher level during your employment  
  • To form and join the trade union of your choice and the right to strike in conformity with the laws

Get the Help You Need from ODG Law

It’s natural that you’ll have a lot of questions about your rights regarding workers’ compensation. Our compassionate and professional workers’ compensation lawyers will answer any questions you may have. We don’t just secure maximum benefits for you but also ensure that you’re always informed, educated, and represented.

We’ll help you fight your battle with the insurance company and doctors. Focus on regaining your health and energy and we’ll handle your case. We’ll also help coordinate your medical care and represent you in court if necessary. 

At ODG Law, we treat our clients as a family and we’ll guide you throughout the process and stay on your side. We’re here to protect your rights and defend you from those who undervalue your claim or deny them completely. 

Work with ODG Law and get the compensation you deserve. Call us at (818) 975-3080 for a FREE case evaluation. We work on a contingency fee basis.

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