What is a Worker’s Compensation Claim?
Employees who have work-related injuries are usually eligible for worker’s compensation. Their right to file a worker’s compensation claim begins as soon as an injury or illness related to the job occurs and the employee is unable to perform their duties. There should never be a time when an employee is wondering, “Should I file for worker’s compensation in California?”
The longer a person waits to file for benefits under workers’ compensation after an injury or illness, the more of a disadvantage they are giving themselves in regards to their claim. Insurance companies are looking for employees who have continued working throughout their illness or injury to possibly deny the claim on the grounds that the injury or illness is not that severe.
If you are thinking about settling your worker’s compensation claim, there are a few things to consider:
- How severe your injuries are
- The value of your future medical care
- You cannot be terminated due to filing a workers’ comp claim
You’re entitled to Temporary Disability Benefits during the time that the doctor has you on disability. Insurance companies can be unreasonable in what they are offering, so retaining us as your attorney would work out to your favor.
How the Process Works in California
California has specific guidelines on settling workers’ compensation claims: Stipulated Findings and Award, and Compromise and Release.
Stipulated Findings and Award means you have come to an agreement with the defense on how much the percentage of permanent disability is valued. These benefits will pay on a weekly basis until exhausted. Your employers must allow you to keep your job under a Stipulation and you’ll be entitled to future medical care for the remainder of your life.
A Compromise and Release closes the case delivering a lump sum payment.
Should I Hire an Attorney for Worker’s Compensation?
A workers’ compensation attorney will protect your rights and work to get the best settlement. These are some preliminary workers comp questions California residents ask:
- How long is the process?
- When should I finally settle?
- What happens if my claim is denied?
- How will they come up with my settlement amount?
As your workers’ compensation attorney, we will walk you through these types of questions and will negotiate on your behalf to make sure you have what you need. For more information, contact the team at DG Law Group.November 2, 2021 No Comments