Receiving workers compensation for an injury sustained is more often than not a straight forward process and shouldn’t need the services of a Los Angeles workers compensation attorney. However there may be times when an injured victim doesn’t get the full and fair compensation that they deserve, and this is when a lawyer can step in.
Workers compensation was initially set up to protect employees who had been injured whist at work. Previous to this, anyone who was injured and had to take time off work for recovery, found themselves financially much worse off. Nowadays when a person is injured payment is provided by the company’s insurance carrier and it is they who decide as to whether a claim is denied or allowed. Workers compensation is classed as a ‘no blame’ policy whereby no blame is attached for the accident unless the party is deemed grossly negligent. When this happens a separate claim can be filed. Under normal circumstances money should be forthcoming in around 72 hours from the time of the reported accident to pay for medical expenses and to cover loss of wages whilst in recovery.
An LA workers compensation attorney explains that on the whole workers compensation works and works very well, however it can also be open to abuse and this is when a workers comp lawyer who fully understands the system can help.
In the state of California it is law for all employers who employ one or more people to take out a workers comp insurance policy to protect their workers. Very much like car insurance premiums, the more claims that are made, the higher the company’s payments will be. Some unscrupulous employers will do whatever they can to avoid the employee making a claim and some of these are as follows:
- Failing to pass the claim up to the insurance carrier
- Deliberately loosing the claim
- Stalling for time so that the claimant is too late to make a legitimate claim
- Implying there is a problem with the claim
- Not keeping up payments on their policy and therefore it has lapsed
Any one of these reasons is illegal and this is where a Los Angeles workers compensation attorney can seek to advise of the best course of action for their client.
At the same time an employer may have genuine concerns about particular employees and their injuries. In the case of a degenerative and ongoing problem such as back pain, it could be said that work didn’t actually cause that particular bout of pain and that the back injury of the employee has been ongoing for years. It could also be that the employer has reason to believe that the employee is trying to make a false claim.
It must also be said that the insurance company may be unscrupulous and not pay out on a legitimate claim. It may be because of an oversight by the loss adjuster, or it could be that they will pay out, but only at a fraction of the amount. Either way this could leave the victim with much distress and worry, both physically and financially. On top of this, an insurance carrier (on the say so of the company’s physician) can also cease payments well before the victim might be ready to return to work. Again if you find yourself confronted with any of these instances then it is vital that you contact the services of an experienced Los Angeles workers compensation attorney who can tell you your legal options. If a case is in dispute and has to go before the workers compensation review board, then an attorney can prepare you for the case or alternatively if requested they can take the case on your behalf.
As you can see a highly skilled LA workers comp attorney is in great demand and if given the opportunity will deliver a full and fair compensation package that the victim deserves.