Workers Compensation
Workers’ compensation insurance offers monetary payments and/or medical treatment to employees who are injured or get ill as a result of their job.
Employers must pay for this insurance, and employees are not required to contribute to the cost of compensation. The Workers’ Compensation Board directs the payment of weekly monetary payments and medical treatment by the employer’s insurance carrier. The Workers’ Compensation Board is a state organization in charge of handling claims. If the Board is required to intervene, it will assess whether the insurer will compensate for financial benefits and/or medical treatment, as well as the amounts due.
No one party is found to be at blame in a workers’ compensation lawsuit. The amount received by a claimant is not reduced or raised as a result of his or her negligence, nor is it increased as a result of an employer’s fault. However, a worker’s entitlement to workers’ compensation is forfeited if the damage is caused primarily by his or her intoxication from drugs or alcohol, or from the purpose to hurt himself/herself or someone else.
If the employer or insurance provider agrees that the injury or sickness is work-related, the claim is reimbursed. If the employer or insurance company contests the claim, no cash benefits are issued until a workers’ compensation law court rules on who is correct. If a worker is not getting benefits because his or her employer or insurance carrier claims that the injury was not caused on the job, he or she may be entitled for disability benefits in the meantime. However, any payments paid under the Disability Program will be deducted from future workers’ compensation claims.
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If you are able to return to work but your injury prevents you from earning the same pay as before, you may be eligible for a benefit that covers two-thirds of the difference. You may also return to work in a light or alternating duty capacity until you have fully recovered. Not every wounded worker will require the services of an attorney. After all, the workers’ compensation system is an administrative procedure that is intended to be simple for employees to traverse. You can generally manage your own claim if you have a clear claim that is not being contested by your employer or its insurance carrier. Unfortunately, the procedure is not always so straightforward. Many employees will require – or would benefit tremendously from – the services of a workers’ compensation attorney.
In very rare situations, an employee who is injured at work may be able to file a claim outside of workers’ compensation, in which case a personal injury lawyer would be suitable. For example, if you were harmed as a result of your employer’s willful act, or if you’re a crew member on a vessel or an interstate railroad worker, you can normally sue your company for a workplace injury in court. If your Workers’ compensation claims are denied by insurance companies for a number of reasons. For example, the insurance company may argue that your injury was not connected to your job or that you filed your claim too late. You can file an appeal with the workers’ compensation system. While the appeals procedure varies by jurisdiction, it typically includes filing official papers, gathering evidence using legal instruments, and presenting your case at a hearing.
Contact Oz & Oz Workers Compensation Attorneys!
At Oz & Oz Workers Compensation Attorneys, we have been helping people fight for their workers compensation. If you believe that you have been wrongly denied our attorneys in Chula Vista will make a strong case and move the court.
Address
555 Broadway #41, Chula Vista,
CA 91910, United States
Phone
(619) 505-3317
info@workerscomplawyerchulavista.com
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