When To File A California Workers Compensation Claim
Filing a California Workers Compensation Claim Help Information –
Every on the job accident injury is unique, involving different employers, insurance companies and injury specifics. Since every workers comp accident case is unique, each situation needs to be evaluated on a case by case basis. This is where the experience of a workmans comp lawyer will help the employee. While all of us are able to get on the internet to read blogs and laws about workers compensation, only those with immense experience in how the work comp world works will know how to best approach an on the job injury scenario. With that said, it is important to take a look at the main factors an attorney will look at in evaluating a workers compensation claim to determine if it should be filed in at the Workers' Compensation Appeals Board. Should you be the victim of a work accident injury, you should contact an attorney immediately to discuss your rights within the context of your unique situation.
When To File A California Workers Compensation Claim In Court
When To File A California Workers Compensation Claim
For California Workers Compensation Injury Claims, the first step is not always to get an attorney and file a lawsuit in court. Although, it is recommended that you speak directly with an attorney as soon after your injury as possible for advice. Generally, the first step is to report that accident to the employer and request medical treatment for any injuries. This includes requesting a DWC-1 Claim Form to be completed by the employee and employer and sent to the employer's compensation insurance company. From here, the injured workers should be sent to an industrial clinic to be evaluated and for treatment. The doctor at the industrial clinic should produce a report that states what the employees work restrictions are due to the current injury or if they should be completely off of work.
In the event the employee's injury prevents them from doing their current job, the doctor at the industrial clinic will outline work restriction or take the employee off work completely. If the doctor only offers work restrictions and does not take the worker completely off, the employer will be given a chance to provide modified duties that do not violate the restrictions by the doctor. From here, the employee should continue to treat with the doctor until they are better and can go back to work full duties.
The above paragraph lays out the general scenario. Sadly, however, there are numerous situations that require the help of an attorney. This post only covers some of those situations and should not be considered legal advice about your particular situation. It is provided as informational only. If you or a loved family member or friend need legal help, you should call Attorney Alexander Napolin directly at 1 (909) 325-6032 or submit a form for a call back at www.napolinlaw.com.
Scenarios of When To File A California Workers Compensation Claim In Court
The injury is serious and requires the victim to be off work completely: Most industrial clinics will only place work restrictions instead of taking them off completely. If you find yourself injured and feel that you cannot work at all, you will need an attorney to fight for total temporary disabled status so that you can take some paid time off to heal.
The injury requires a long time to heal: When an industrial injury results in taking a significant of time off (more than a month or two), the insurance company has a tendency to try to pressure that worker out of the system without providing full compensation. The pressure can come from a number of different directions and means, but it usually happens via denials of medical care, delays in temporary disability benefits and in more severe cases the denial that the injury even happened at work. If you are victim of an injury that takes a while to heal or you are afraid recovery will be slow, it's time to be calling a lawyer.
The injury requires a major surgical procedure: In such scenarios the worker is already in the first two situations only the the insurance company is facing having to potentially provide a future surgery. In such scenarios the insurance company will attempt to control the situation by selecting doctors in the work comp process that will favorably not find surgery necessary. If you think you may need a surgery in the future, it is time to talk to a lawyer.
The worker feels they will be discriminated against at work for being injured: In the event the employee feels that discrimination will result from injury, it is best to get an attorney quick. This situation can be incredibly hostile due to the fact that the employee will be facing resistance from both the insurance company and their employer.
Enlist Help From A California Workers Compensation Lawyer!
Alexander D. Napolin, Esq. is an experienced California Workers Compensation Lawyer who offers free legal consultations to help those suffering from industrial injuries. He is someone you can call free of charge to get basic advice and answers to your questions. Should you feel after speaking with Mr. Napolin that you need an attorney for your particular situation, know that Mr. Napolin is ready willing and able to represent you in your case.
If you need to contact Mr. Napolin, you can call him directly at 1 (909) 325-6032 or fill out a form and submit it at www.napolinlaw.com and Mr. Napolin will call you with the help you are looking for. Napolin Law Firm serves Claremont, Montclair, Chino, Upland, Rancho Cucamonga, Ontario CA, Fontana, Glendora, Azusa, San Dimas, Covina, West Covina, La Verne, and all other surrounding cities! Get the help you need! Get Mr. Napolin on the phone for help today!