Both sides have a chance to present evidence, including testimony.
Workers’ compensation is a no-fault system of insurance designed to ensure that employees who are hurt or develop an illness on the job are fairly compensated. The idea behind this system is that workers who are hurt do not have to prove that anyone was at fault in order to get benefits. Instead, employers buy insurance, and if employees are hurt, they receive benefits.
While this sounds straightforward, in reality, it is a lot more complicated. The simple fact is that employers and their insurance companies often do not want to pay benefits to injured or sick workers. They may claim that the injury or illness wasn’t really work-related, that the employee was not as badly injured as he or she claimed, or that the worker should be back on the job already. Alternatively, the insurance company may deny a certain type of treatment or level of benefits. This often leaves employees in the position of hiring a California workers’ compensation attorney to fight for their rights.
This is often an incredibly stressful process for injured workers, who are not only struggling to recover, but dealing with the anxiety of a legal battle against their employer. Facing the prospect of going to a workers’ compensation hearing can ratchet up the stress level even more. Understanding what happens at these hearings can help ease your worry and allow you to be better prepared for what is to come.
As your California workers’ compensation attorney can explain, the process of filing a claim for workers’ compensation in California is relatively simple. The first step is reporting the accident that caused your injury to your employer (or the issue that led to your illness, such as an exposure to a chemical). Next, you need to seek medical attention. From there, as an employee, you can wait for your employer to handle the actual filing of the workers’ compensation paperwork. Once the claim has been filed, you will receive notice about coverage — and may decide to hire a California workers’ compensation attorney to protect your rights.
In some cases, you will need to go to a workers’ compensation hearing so that a judge can determine your right to benefits. Your lawyer will be there with you, helping make the case about why you deserve benefits or a certain level of benefits. The insurance company will be arguing on behalf of your employer about why you are not entitled to benefits, or why your benefits should be limited.
Both sides will be allowed to present evidence, including witness testimony and any other evidence that can be admitted to demonstrate their case for or against benefits. In California, both sides can present expert witness testimony in a workers’ compensation hearing. Both parties will also submit written briefs, which will summarize their arguments. The judge will review these briefs as well as the evidence presented in the hearing and then make a decision.
A workers’ compensation hearing can be very contentious, and can be stressful for the employee. Your employer will essentially be arguing that you do not deserve benefits, or that you should not get the benefits that you are requesting, while you are claiming that you are entitled to benefits. This can put a strain on your relationship with your employer. Having a seasoned California workers’ compensation attorney can help you stay calm and know what to expect throughout the process.
If you have been injured at work, workers’ compensation can provide the medical and financial benefits that you need to get your life back on track. At PLBH, we work with injured workers to help them recover workers’ compensation benefits. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation with a California workers’ compensation attorney.