Workers’ compensation is a no-fault insurance scheme that ensures employees are adequately reimbursed if they are injured or become ill on the job. Workers who are injured do not have to establish that anyone was at fault in order to get compensation under this system. Instead, companies purchase insurance, and employees receive compensation if they are injured.
While this appears to be a simple task, it is actually rather difficult. Employers and their insurance providers frequently refuse to pay compensation to wounded or sick employees for a variety of reasons. They may argue that the ailment or sickness was not truly work-related, that the employee was not as seriously injured as he or she claimed, or that the person should have returned to work by now. Alternatively, the insurance company may refuse to cover a certain therapy or benefit level. Employees are frequently forced to hire a California workers’ compensation attorney to fight for their rights.
The Process of Submitting the Claim is the Easy Part
The procedure of submitting a workers’ compensation claim in California is very easy, as your California workers’ compensation attorney may explain. The first step is to notify your employer about the accident that caused your injuries (or the issue that led to your illness, such as an exposure to a chemical).
The next step is to seek medical help. As an employee, you can next wait for your employer to file the workers’ compensation papers on your behalf. You will get notice regarding coverage once the claim has been submitted, and you may opt to engage a California workers’ compensation attorney to safeguard your rights.
The Purpose of the Hearing
You may be required to attend a workers’ compensation hearing so that a judge may assess your eligibility for benefits. Your lawyer will be at your side, assisting you in making the case for why you are entitled to benefits or a particular amount of benefits. On behalf of your employer, the insurance company will argue that you are not entitled to benefits or that your benefits should be curtailed.
What to Expect at the Hearing
Both parties will be able to present evidence, including witness testimony and any other admissible information, to support or refute their claims for benefits. In a workers’ compensation court in California, both sides can offer expert witness testimony. Both sides will also file written briefs summarizing their respective positions. After reviewing these papers and the facts provided during the hearing, the judge will issue a ruling.
A workers’ compensation hearing may be tense and unpleasant for both the employee and the employer. While you claim that you are entitled to benefits, your employer will effectively argue that you do not deserve or should not receive the benefits that you are asking. This might put a strain on your working relationship. A skilled California workers’ compensation attorney can assist you in remaining calm and knowing what to expect during the procedure.
To learn more about how PLBH can help you, contact us at (800) 435-7542 for a consultation.