Many employees choose to handle minor workplace compensation claims by themselves, with success. Adhering to deadlines, knowing your rights as a California employee, and what pitfalls to avoid are all things a person with both time and patience can do.
However, some types of claims are best served with a skilled workers’ compensation attorney at your side. For example, when an injury results in a permanent condition that prevents you from working, and valuable long-term disability benefits are at stake, you may need an attorney. Experienced workers’ compensation attorneys will know your rights and fight for them against the pressure of aggressive insurance companies and employers who resist paying benefits. In other words, a workers’ compensation attorney will always represent your best interests and not give up until the best possible settlement is reached.
The following scenarios are examples of workers’ compensation claims that would be well served by a skilled workers’ compensation attorney.
Your claim is denied, or your employer is stalling.
Even legitimate workers’ compensation claims involving permanent disabilities are denied. As unfair as it seems, claims are sometimes dismissed in the hopes that an employee will give up and not file an appeal. Many people don’t realize denied workers’ compensation claims can be appealed.
In other instances where a workers’ compensation lawyer may be necessary to get what you deserve, your employer seems to be stalling or ignoring your claim. The workers’ compensation system has specific timelines. If your employer is ignoring them, you may need legal representation to help you secure the permanent disability benefits you have a right to.
Your employer’s settlement falls short of your related expenses.
Workers’ compensation settlements must be fair and appropriate concerning the expenses you incur due to your injury. Lost wages, medical bills, future earnings, and long-term rehabilitation expenses must be paid to you. If you are unsure if your settlement includes all of the long-term disability benefits you have a right to, do not agree to a settlement until you have consulted an experienced workers’ compensation attorney.
You are unable to return to your job or work at all.
If you are the primary wage earner in your household and facing the possibility of never working again or not returning to the job you had before you were injured, you need help. Partial or total disability injuries may entitle you to a single (lump sum) payout or weekly payments. Time and time again, our workers’ compensation attorneys have seen employers and insurance companies try to avoid paying long-term or permanent disability payments.
Your Workers’ Compensation claim involves Social Security Disability benefits.
Settlement agreements that include Social Security disability benefits can be structured in several ways. For this reason, it is crucial to consult an attorney who knows all the nuances of Social Securing benefits and has your best interests in mind.
Your injury is a result of a third-party action or employer misconduct.
Workers’ compensation benefits in California are designed to avoid civil lawsuits for work-related injuries. However, in some situations, consulting with an experienced workers’ compensation attorney may be what you need. These situations include the presence of employer misconduct, third-party involvement, or, in the case of an employer who does not carry workers’ compensation insurance.
A lot is riding on securing permanent or partial disability benefits, including the well-being of your loved ones. If your workers’ compensation claim is denied, you may want to consult with a Stockton workers’ compensation attorney. We offer a free consultation, at which you may ask questions and get the answers you need before moving forward with a lawsuit.
Whether we take your case or not, the consultation is free. Call today at (209) 323-5126.
