It is understandable to have a fear of losing your job over filing a claim. Many employees think that filing a workers comp case is a direct suit against their employer. In a way it is and it isn't.
Every employer is required to maintain liability insurance for workers compensation claims. That means that your boss pays his insurance a premium just in case you get hurt on the job. The insurance company is actually the company who fights against your claim and who you will be dealing with , they represent your employer.
If you file a claim it does not give your employer the right to automatically terminate you. If they do so just because you filed a claim you may have another legal action against them called a Wrongful Termination, under California's Labor Code Section 132A which states..
132a. It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
If you've been hurt on the job contact a lawyer as soon as possible.
There are many reasons why your employer's insurance company may deny your workers compensation claim.
Here is a list of common errors that can be made if you do not have an attorney on your side to help with your claim..
1. The Employer or Insurance Company denies your claim because they are disputing your injury, which means they are denying the fact that you actually got hurt at work
2. The paperwork you filed with your claim was completed in error or incorrectly
In both situations it is vital to have an attorney to overview your documents and explain the lengthy process.
Even if your claim is "denied" an attorney can help you get that same claim accepted if they find some disputes or errors. It is your attorneys job to prove your injury was work related and with the proper medical documents they can help you get treatment that you need. An appeal can be filed to challenge the denial of your claim based on the merits of your case.
If you need help in a denied claim or in general contact California Law Associates, Inc. located in Santa Ana, California at 714-542-3377 or by filling out the contact form on this website. We will be glad to answer any questions you have free of charge.
When it come to Union Workers' injury claims the process can be long and complex. Most organized labor unions have procedures in place for workers compensation claims that differ from the normal procedure, called Alternative Dispute Resolution. This means that the process is mediated through the unions. Most union workers let the union advocate for them to determine their medical care and benefits but as a union employee/member you are always entitled to pick out your own lawyer to ensure your rights and benefits are protected. The advantages to having a lawyer on your side include navigating the complex procedure for you, obtaining you the best value possible for your settlements and making sure you receive any benefits you are entitled to. If you are part of a union and have any questions regarding an injury claim visit http://www.attorney4u.us or call 714-542-3377 for a free consultation.
REPETITIVE WORK MOTIONS, STRESS AND ANXIETY CAN BE CLAIMED!
Many people think that you can only get workers compensation benefits for a specific injury such as a slip and fall or one of the more common obvious accidents where you are physically hurt. One of the claims that many workers do not realize they can file for is a continuous trauma claim. A continuous trauma claim involves the entire span of your employment where an activity is harmful to your mental or physical health. Common ones are repetitive motion jobs such as doing one type of activity over and over again. Examples include working on car parts, building materials like manufacturing items guitars, clothes, cleaning. Office workers are not exempt from this claim either, many office jobs such as teaching, clerking, admin management, require you to sit for long periods of time with your neck and shoulders in a stiff position such as computer desk work. These activities over time will lead to back and neck problems which are covered under the workers compensation California law. Just because you work doesn't mean you have to suffer! Visit http://www.attorney4u.us to get a free consultation to determine if you have a claim, we work on contingency so no money upfront to start your case! 714-542-3377 CALL US TODAY!
Andria Holt is a J.D. graduate of Pacific Coast University School of Law who has been employed in the California Workers' Compensation Field since 2008.
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