EXPERIENCED WORKERS COMPENSATION ATTORNEYS REPRESENTING WORK INJURY VICTIMS
Injured employees have a legal right to apply for work injury benefits under the Workers Compensation Act. These benefits are given to the majority of employees who are diagnosed with an industrial disease or who suffer injuries in a workplace accident. After filing a claim with the California Workers Compensation Commission, workers often retain a workers compensation lawyer to assist them to assert their eligibility for job injury benefits.
Unfortunately, some employees are denied their claim for benefits, or they may suffer another challenge regarding their claim. At The Law Offices of Dr. Peter M. Schaeffer workers compensation lawyers advocate for workers who are asserting their right to benefits of job-related injuries in a variety of fields. We can examine the underlying factors leading to the accident or illness and work with medical experts to advance a strong workers compensation appeal.
WORKERS COMPENSATION APPEALS PROCESS
Objections to a workers compensation claim may delay the process of securing benefits, directing to additional pressure for an injured employee and their family. In some circumstances, the employer or the employer’s insurance firm appeal a decision announced by an arbitrator or the California Workers Compensation Commission.
For workers compensation cases, the injured employee must prove that they are eligible for benefits under the Workers Compensation Act. While the Commission works as an impartial court, they may not rule in favor of an employee. It is the responsibility of all injured workers to set forth the necessary documentation and proof supporting their claim for benefits. In other words, injured workers must show that their injury was caused by work in the course and scope of their employment.
A successful claim requires that an employee presents the evidence of their employment on the date of accident, pointing that an employee-employer relationship existed between the parties. The employee must also show a causal relationship making clear that their medical condition was affected by accident. Eventually, the employee must have given the employer timely notice of the accident. Proving the following factors allows for the recovery of some benefits, but there may be other issues. An employer may dispute the extent of the worker’s injuries or the price of their weekly wage. Some employers may argue that specific medical treatment were not necessary and that they’re not required to pay for these bills.
The method of securing workers compensation benefits may include multiple steps. Initially, an arbitrator of the Commission conducts a trial. It’s essential to note that an arbitrator resolves a case if the employee reaches maximum medical improvement. There may be delay between the filing of the claim and the trial, & preparing for trial requires obtaining medical and other records. After the trial, arbitrator will issue a decision stating the number of benefits to which an employee is entitled. Workers and employers may then appeal a decision given by the arbitrator. The Commission reviews the arbitrator’s decision & studies supporting evidence. Hearing takes place, and the parties may give an argument stating the reasons for their position. The Commission then provides a decision within 60 days.
During the term of a pending appeal, the employer is not expected to pay benefits awarded by the arbitrator. If the case is resolved in the employee’s favor, interest will be appended to the award.
SKILLED WORKERS COMPENSATION LAWYER IN CALIFORNIA
The rejection of a workers compensation claim by an arbitrator doesn’t necessarily mean that an injured employee will not be capable to recover benefits under the Act. If either an the Commission or the arbitrator has ruled in favor of an employer or failed to give an employee full compensation, the employee maintains the right to continue pursuing benefits for their job-related injuries.
At The Law Offices of Dr. Peter M. Schaeffer can help you understand your legal rights. Discuss your workers’ comp with us and get the benefits you deserve. We helped many employees who are injured at work in the State of California and the Riverside and San Bernadino counties, which includes the surrounding communities of Riverside, Corona, Moreno Valley,Hemet, Temecula, and Palm Springs. Free Consultation offered for all Workers’ Compensation cases, all Work Related injuries, and all Personal Injuries. Contact us today at (951) 275-0111.