In California, state and federal laws govern over how worker’s compensation cases are managed. According to the laws, the employer must file a claim through their insurer at the time that a worker is injured on the job or while performing any job duty. A local workers compensation attorney in Anaheim offers legal assistance for any worker who was denied worker’s compensation benefits.
Understanding the Process
The employer must send the worker to an ER or urgent care facility for a complete medical assessment. The doctor will also perform a drug and alcohol screening per the terms of the insurance policies. The report provided by the doctor defines the full duration of the worker’s recovery process and if they are cleared to return to work. Full details about the worker’s injuries are also disclosed.
Who Makes the Decision?
All insurers utilize a claim’s adjuster to compare the terms of the policy to the injuries sustained by the worker and render a final decision. If the injuries establish eligibility, the worker receives full payment for their treatment costs and may receive monetary benefits. The monetary benefits replace their wages if they cannot return to work immediately. The percentage of the monetary benefits is based on the terms of the policy, but they won’t exceed 90 percent.
What Happens if the Worker is Denied?
The worker is within their rights to file a legal claim with a workers’ compensation attorney in Anaheim. The legal claim assists the worker in an attempt to recover medical expenses and any wages they lost due to their injuries. It is possible for seriously injured workers to obtain a larger cash settlement in some cases.
In California, workers are protected by state and federal laws when they are injured on the job. The Worker’s Compensation Board outlines all laws and procedures for filing and processing claims for injured workers. Workers who faced a denial of the benefits are encouraged to cosntact a workers’ compensation attorney in Anaheim via The Law Offices Norman J. Homen today for more details.