When you suffer injuries while working, the only thing you can resort to paying your medical bills is compensation. However, filing a claim is not that easy because of the several different requirements you need to accomplish. Your problem starts when the insurance company starts opposing or disputing your claim. Don’t feel bad or discouraged because ODG Law will help you. Our workers’ compensation attorneys in California will prioritize the security of the benefits you need to reacquire from a work-related injury. We’ll assure you with education and wider legal representation, crucial to make knowledgeable decisions and take clear action
Workers’ Compensation Attorneys: What is Workers’ Compensation?
Workers’ compensation is a kind of insurance that any employer, company, or business must carry. The government mandates it to benefit workers and employees who sustain injuries while doing their work or have suffered illnesses because of their work. Examples are a stroke on the job and the development of lung disease due to toxic chemical exposure among others. This insurance helps in paying for the injured worker’s medical treatment and missed salaries from lost work time to name a few.
What Benefits Does an Injured Worker May Get?
When a worker suffers an injury in the workplace, the workers’ compensation will take care of his financial condition. The said insurance will provide the following benefits, including:
Medical Care. It will help the injured worker heal his injury, regain his strength and get back to work. It comprises hospitalization, doctor’s fees, transportation costs for medical appointments, and others.
Temporary Disability Payments. An injured worker will have this benefit if the injury hinders him from doing his usual job while recuperating. It pays two-thirds of the gross pre-taxed salaries lost while recovering from a work-related injury. But, note that the injured worker can’t get more than the maximum amount according to state law.
Permanent Disability Benefits. When the doctor diagnoses the worker can’t recover from the injury, this is when he gets permanent disability benefits. The amount that the injured worker will receive is based on the percentage of their disability and two-thirds of their average weekly wages or AWW. The figure is capped depending on a particular dollar value set by the state.
Supplemental Job Displacement Benefits (SJDB). An injured worker may receive this benefit if:
- He has a permanent partial disability caused by his injury
- The employer didn’t offer any other kind of work
This benefit comes in the form of vouchers that are non-transferable or convertible to cash. The injured worker will use it to pay for his skill enhancement or educational training at accredited schools or state-run universities and colleges.
Death Benefits. Whether we like it or not, some accidents or injuries result in tragedy. The worker may die because of the injury brought about by the accident. The surviving family will receive death benefits because their loved one died.
What Benefits Do Employers and Companies May Get from Carrying Workers’ Compensation?
Workers and employees are not the only ones who can get benefits from workers’ compensation. Companies and employers do too because it:
- Covers expenses for worker’s injury and illnesses related to work
- Keeps their business amenable to state regulation
- Protects their business from lawsuits
What are the Most Common Reasons Why Claims are Denied?
It should be expected that your employer and the insurance company will deny your claim. That’s why having a skilled compensation lawyer by your side is important. Here are the most common reasons why they deny your claims.
- Missing the deadline for filing a claim
- Incorrectly filling out the paperwork
- Both your employer and the insurance company don’t believe that your injury or illness is work-related
Regardless of the reasons for your claim’s denial, it’s a must that you have an expert workers’ compensation lawyer to help you prove that your injury or illness is due to your work. You may have sustained injuries due to an accident while doing your job. You may also have developed the injury over time, or your illness was aggravated because of your work.
If such is the case, California law allows you to file an appeal regarding the denial of your claim. This is made before the Workers’ Compensation Appeals Board (WCAB) and needs to make a request for a hearing through the Application for Adjudication of Claim form. It will provide your workers’ compensation number and your hired lawyer will file a Declaration of Readiness to Proceed form. Afterward, WCAB will provide you with the hearing date.
Compensation Attorneys: Get All the Help You Need from ODG Law
ODG Law understands the difficulty and hardship of suffering an injury because of work. Your financial stability, as well as your work, are in jeopardy when your employer and the insurance company deny your claim.
You can turn to ODG for help. Our compassionate and experienced workers’ compensation lawyer will provide all the help you’ll need. We’ll coordinate your medical care to ensure that there’s no bias in your medical report or the attending doctor’s statements.
We’ll protect and defend your rights from claims adjuster’s dirty tactics that prevent you from getting compensation. You’ll be working directly with your hired lawyer. We work on a contingency fee basis.
Reach out to us by dialing (818) 975-3080 or emailing us for more information or any queries you may have regarding your case. Schedule a free consultation today.