The Worker’s Compensation Appeals Board View Pdf
All industrial injuries that involve your employer and cannot be resolved through negotiation with an insurance carrier alone are handled by the Workers’ Compensation Appeals Board. The WCAB is the trial court that oversees administrative law proceedings related to workers comp claims. Unlike in other courts, there is no jury – if your case goes to trial, all decisions will be made by a workers’ compensation judge. Sometimes there workplace injuries that involve third party lawsuits, such as when equipment manufacturers or other entities are implicated in an accident. Under such circumstances, you have recourse to the civil courts outside of and in addition to any claims you are filing through the workers’ compensation insurance system.
When addressing a new case, your workers’ compensation lawyer will initiate a formal claim with your employer’s insurance carrier or administrator. The WCAB cannot move forward on your claim until your attorney asks them for a hearing in order to resolve any issues that cannot be settled with the insurance carrier. We never settle cases without our clients’ permission and we keep them informed about both our own evaluations of their claims as well as any negotiations that are underway.