Orange County Workers Compensation Lawyer
You may be entitled to more than your workers comp claim is offering
If you live in California and are in need of a first class Orange County workers compensation lawyer then give us a call at the Law Offices of David H. Greenberg. We have been fighting the for the people of LA and Orange County for almost forty years and during this time have won more than $200 million in compensation for clients. You may think that workers compensation is straight forward and that you don’t need an attorney, but that isn’t always the case. You may be turning your back on thousands of dollars by not talking to an attorney. Call us at (888) 204-1014 for a free consultation so we can tell you if you are actually owed more money. How exactly can we help you?
Third party liability
Although you cannot sue your employer for any injury that has been caused to you while at work (that’s what workers compensation is for) you can instigate legal proceedings against another party or entity who doesn’t work for the company. These people are known as ‘third parties’. An example of third party liability is a worker who is using a machine at their job that proves to be defective and injures them. The worker may be able to sue the manufacturer of the machine for producing a defective product. This can be difficult to prove but a skilled team of Orange County workers compensation attorneys like the Law Offices of David H. Greenberg are very adept in dealing with such issues and as a result can deliver maximum compensation for our clients.
Problems with the insurance company
Workers compensation has been protecting the workers of California for over 100 years and is an agreement between the injured party and the insurance carrier via the employer. When a claim is filled out by the injured party it then gets sent directly to the employer to check for any anomalies. If all is okay, then the form gets passed to the company’s insurance carrier who should then release payment (usually within 72 hours) to cover immediate medical expenses and loss of wages while the victim is in recovery.
This does seem like a pretty straight forward process and in a lot of cases, it is. However, there are times when the carrier denies a perfectly legitimate claim, thus leaving the injured party to suffer the financial burden of paying for costly medical expenses while not receiving a pay check.
Insurance companies like any other business are there to make money and the way that they do this is by getting in as many premiums as possible while having very tight control over what gets paid out in claims. This in itself isn’t an illegal practice and is in fact how all insurance companies operate. However, it does become an issue for an Orange County workers compensation attorney when legitimate claims are denied. This may be because of a simple oversight, or it may be that they are using delay tactics that will affect the statute of limitations. They may even decide to deliberately not submit your claim for payment. Insurance companies are in no way obligated to make payments on every claim, but they do have a duty of care to see that every claim is treated justly and fairly.
If an employee has a claim that has been disputed then there are grounds for recourse. There is a workers compensation review board who will oversee all disputed claims and as a result will make a ‘yes’ or ‘no’ decision based on these reviews.
The Law Offices of David H. Greenberg is used to dealing with review boards and insurance companies and can represent the client at the review board hearing on their behalf. If successful and the claim is overturned then the board can instruct the insurer to carry out the payment. Also another avenue that we can pursue is through punitive damages filed directly against the insurance carrier for any stress, anguish and financial burden caused by the refusal to pay. We always strive to make sure that our clients receive maximum compensation every time.
Problems with your employer
Often another reason why an employee needs to call on the services of an Orange County workers compensation lawyer is when the employer fails to pass the claim up to the insurance carrier. It could be for legitimate concerns, such as that the employee has filed a workers comp claim for a repetitive injury such as a bad back and the employer is debating whether or not this particular bout of pain has occurred at work. However there are many other circumstances in which an employer may not pass on a claim.
In the State of California it is compulsory for all employers who employ one or more persons to take out a workers comp insurance policy. This is generally paid in monthly premium payments. Sometimes what happens is that the employer (for whatever reason) fails to keep up payments and as a result the insurance is no longer valid. If an injured party then files a workers compensation claim, then clearly they are no longer covered. Another reason why an employer might want to hold onto a claim is the fear of increased premiums. Workers comp is a bit like vehicle insurance in that the more claims that get processed then the higher the premiums are going to be. If an employer has been submitting a lot of claims from injured workers in the workplace, then it is easy to see why they wouldn’t want to process too many more.
Both of these practices are illegal and if an employer is found to be guilty then a civil lawsuit can be filed against the employer for being in breach of workers comp law. This is something that the Law Offices of David H. Greenberg would aggressively pursue, and as a result we would seek to maximize compensation for our client.
Workers compensation can be a straight forward and easy process; however, when things do go wrong then it’s good to know that the team at the Law Offices of David H. Greenberg has highly skilled and experienced Orange County workers compensation lawyers on hand to assist you. Feel free to call us at 888-204-1014 to see how we can help you.
Orange County Workers Compensation Attorneys Articles