WORKERS COMPENSATION ATTORNEY CALIFORNIA

Any time you’re in dispute with the insurance company, you should consider hiring a lawyer to represent you. You will need to gather evidence in order to challenge the insurance company’s position, which may include taking depositions, requesting an independent medical examination, and hiring expert witnesses—all of which require legal knowledge and skill.

The following are some examples of when you’re best served by hiring a lawyer:

 Claim was denied or delayed. IInsurance companies have a tendency to deny workers’ compensation claims for a variety of reasons—or delay in approving—expensive medical treatments, such as surgery. For example, the insurance company might claim that your injury that occurred wasn’t work-related or that you filed your claim too late. You can appeal the denial through the workers’ compensation system. While the appeals process varies from state to state, it generally requires you to file formal paperwork, use legal tools to gather evidence, and present your case at a hearing. Workers Comp Lawyer can put pressure on the insurance company to approve necessary medical treatments in a timely manner.

Permanent Disability Rating is disputed. The majority of most workers’ comp settlements and awards are for permanent disability benefits. These benefits are calculated based on your permanent disability rating. If, in the event, the insurance company doesn’t agree with the rating assigned by your treating doctor, it can require you to attend an independent medical examination (IME) with a doctor of their choice. The IME doctor will likely assign a much lower disability rating, which the insurance company will use to justify paying you less in benefits. An experienced workers compensation attorney can be essential to getting you a fair settlement or convincing a judge that you are entitled to a higher rating. (To learn more, see our article on how permanent disability ratings work.)

You have a preexisting condition. If you are enduring a preexisting injury or condition involving the same body part you injured at work, you’ll be facing an uphill battle with the insurance company. The insurance company will likely blame your injury on your previous condition rather than your work activities. This is especially true if your injury has developed slowly over time, rather than during a single work accident. (To learn more, see our article on repetitive stress injuries.)

Affect in work ability. If you can never work again due to disabilities that occurred, you’ll need to maximize your workers’ comp benefits and structure them in a way to last well in the long run. An experienced Workers Compensation Lawyer in Beverly Hills can help you do both.

You’re receiving other government benefits. If you’re receiving Social Security Disability Insurance (SSDI) benefits, these benefits may be reduced if you receive workers’ compensation benefits. Our seasoned worker’s compensation attorney can help you minimize how much your SSDI benefits will be reduced. If you are eligible for Medicare, you may also need to set aside a portion of your workers’ comp benefits to pay for future medical treatment. A lawyer can help you do this in the most advantageous way.

You are having a workers’ comp hearing. If the insurance company refuses to settle—or only makes lowball settlement offers—you’ll need to go prove your case at a hearing. Because this is like a mini-trial, you will almost certainly need a lawyer to represent you.

Your employer’s settlement offer doesn’t cover all your lost wages or medical bills. If you’re not sure a settlement offer is good enough, don’t rely on the workers’ compensation judge to make sure that you’re getting a fair deal. Although workers’ comp settlements must have judicial approval, judges will usually sign off on any agreement as long as it’s not grossly unfair. If you really want someone to get you the best settlement possible, call an experienced Workers Compensation attorney.

Your medical issues prevent you from returning to your prior job, limit what you can do at work, or keep you from performing any work at all. If you’ve suffered permanent disability—whether partial or total—you may be entitled to weekly payments (or a single lump sum) to make up for your lost wages. These cases can be very expensive for insurance companies, and they’ll often stop at nothing to avoid paying you what you deserve. A knowledgeable workers’ comp attorney is essential in cases involving permanent injuries or illness.

You receive or plan to apply for Social Security disability benefits. If your settlement isn’t structured properly, your workers’ comp benefits could significantly lower Social Security disability payments. An experienced workers compensation attorney will understand how to draft your settlement agreement to minimize or eliminate this offset.

Your boss retaliates against you for filing a workers’ comp claim. If your employer has fired you, demoted you, slashed your hours, reduced your pay, or engaged in any other form of discrimination because you filed a workers’ comp claim, contact a workers’ comp attorney immediately to protect your legal rights.

You were injured because of a third party’s actions or your employer’s serious misconduct conduct. The workers’ comp system was designed to prevent civil lawsuits for work-related injuries. However, you are permitted to sue outside workers’ comp in certain situations, including when someone other than your employer contributed to your injury (such as a negligent driver who hit you while you were driving for work), your employer doesn’t have workers’ comp insurance, or your employer intentionally caused your injury. An experienced lawyer will be able to explain how the law applies to your situation.