Maison Law represents those injured on the job in Merced. If you or a loved one has been sidelined due to a work-related injury, legal representation may be necessary to collect all the damages you are owed.
At Maison Law, we’ve helped injured workers in Merced who have received inadequate treatment, had their benefits delayed, or have had their workers’ compensation claim flat-out denied. This is unacceptable. We know you work hard, so let us work hard for you to get you the maximum amount of compensation for your workers’ compensation claim.
Contact Maison Law today for a free consultation and case evaluation.
Denied Workers’ Compensation Claims in Merced
Under California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. Workers’ compensation applies to any injury or illness, which occurs in the workplace as a result of work-related duties. So, how can my workers’ compensation claim be denied?
There are a number of reasons your employer’s insurance will deny your workers’ compensation claim. For example, if you file a workers’ compensation claim more than 30 days after your injury occurs or you become aware of your symptoms, then your claim could be denied. Your delay in filing a claim will lead the insurance company to believe you were not that injured and that you did not require immediate medical attention, so they will deny your claim. For that reason, it is important to file a workers’ compensation claim the moment your injury occurs to prevent being denied benefits.
Your claim may also be denied if the workers’ comp insurance company believes you did not work for the insured employer. For example, you might be working as a contractor for an electrician company hired to work on the electrical system at an Amazon warehouse. If you’re injured on the job and file a workers’ compensation claim with Amazon, their insurance will deny that you work for Amazon. Also, if you file a workers’ compensation claim against the electrician company, they may claim you are an independent contractor and deny you coverage.
You can challenge your denied workers’ compensation claim by filing an appeal with the Workers’ Compensation Appeals Board. You can represent yourself during the appeals process, but it is recommended to take action against the insurance company with a Workers’ Compensation Lawyer.
Legal Representation for Workers’ Compensation Claims in Merced
At Maison Law, we understand how complex and frustrating the workers’ compensation process can be. Our firm works diligently to provide you with a customized approach to your claim to ensure you are entitled to all the benefits you deserve for your injury. If an expert opinion is necessary for your case, then we have the resources to get the referral of a medical professional to back up your claim. We have assisted the following professions with their workers’ compensation claims:
- Construction Workers
- Carpenters
- Mechanics
- Truck Drivers
- Miners
- Factory Workers
- Healthcare Workers
- Warehouse Workers
If you are looking to appeal a denied claim or receive the full extent of the compensation you are owed, then our team will help you bolster your claim and get you the benefits you need.
Changes to California’s Workers Compensation Law
California has workers’ compensation laws to regulate how retaliation in workers’ compensation claims are handled. Senate Bill 497, also known as the Equal Pay and Anti-Retaliation Protection Act, aims to enhance protections for employees who assert their rights under workers’ compensation laws. A key provision of this legislation is the alteration of “burden of proof” in cases where employees allege retaliation by their employers after filing a workers’ compensation claim.
In the past, proving retaliation was difficult for employees who filed a workers’ compensation claim. Employers could easily dispute claims of retaliation without much recourse. However, with Senate Bill 497, the burden of proof has now shifted to the employer. In cases where terminations occur within 90 days of an employee filing a workers’ compensation claim, employers are now required to provide clear and compelling justifications for terminations during a critical period.
Why Do I Need A Lawyer for a Workers’ Comp Claim in Merced?
In California, if you are injured on the job, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving temporary disability benefits you do not need a lawyer, but a lawyer can provide you with legal support if the following scenarios arise:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
Filing a Workers’ Compensation Claim in Merced
If you suffered a work-related injury or illness in California, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation. Here are the recommended steps for filing a workers’ compensation claim:
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.
Contact a Workers’ Compensation Lawyer in Merced
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation after suffering a work-related injury, the attorneys at Maison Law will pursue the full extent of the damages you are owed. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law for all injured workers in Merced. For legal counsel concerning your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation.
