San Bernardino Workers Compensation Lawyer
You deserve fair compensation if you’ve been injured at work
In most instances an attorney wouldn’t normally become involved in a workers compensation claim. These are normally straight forward transactions that occur between the injured party and the company’s insurance carrier. However in some cases, making and receiving a claim isn’t a straight forward process, and this is when a San Bernardino workers compensation attorney can help.
- Call us and get your questions answered
In many instances workers may be unfamiliar with the whole workers comp procedure and may be a little unsure of their rights. This is when a team of San Bernardino workers comp attorneys are on hand to explain any entitlements. Any top team of lawyers will operate a free, no obligation consultation service whereby workers can contact them and have any questions or concerns answered that they may have. It may be a simple case of knowing what you are entitled to and how the payments work, or alternatively you may need advice on how to fill out the claim form correctly. The Law Offices of David H. Greenberg have been involved in personal injury law for many years and are extremely knowledgeable in all aspects of workers compensation. We will be able to ascertain fairly quickly whether or not an injured party will need representation (888) 204-1014.
- Third party claims
Workers compensation was initially set up to protect workers who were injured on the job. The idea was that once the insurance carrier was notified of an injured party, then they would make necessary payments in order to cover immediate medical expenses and loss of wages while in recovery. Payments can be made in as little as 72 hours which gives the employees quick and easy access to funds without having to go through costly and time consuming litigation battles. On the flip side of this, it also means that the employer cannot be directly sued for any injuries to their workers. However, let’s say that you were working in a warehouse and a delivery driver accidentally reversed his vehicle into you as you were signalling them back onto the unloading ramp. Because the delivery driver doesn’t work for the same company then they are known as a ‘third party’. This now means that you may be entitled to take out a separate personal injury claim against them. This doesn’t affect your workers compensation claim as it should be treated as a separate entity.
Sometimes in environments such as construction sites where you have a large number of third party employees, personal injury claims can be hard to prove. However at the Law Offices of David H Greenberg, we have been successfully prosecuting third party negligence for many years and as a result are extremely knowledgeable in this field.
- Disputed workers compensation claims
In the State of California, a San Bernardino workers compensation attorney may also be called upon to help with a dispute. Generally in the case of any such disputed claims, there is a workers compensation review board which will review any such problems and make a decision based on these findings. A skilled attorney can represent a client on their behalf and can put their case forward before the board. They will have vast experience in dealing with review boards and will know how to affect a positive outcome.
Other disputes may occur because of an on-going injury problem such as a bad back. In some cases an insurance carrier may deny payments because they believe that this particular injury that the worker is experiencing at this time was not caused by their job. These can be quite complex to prove, but an experienced team of San Bernardino workers compensation lawyers will know the route to take in order to effect a fair result for their client.
- Insurance fraud/oversights or underpayments
Underpayment or non-payment by insurance carriers is one of the biggest problems with workers compensation. Insurance carriers run their operation just like any other type of business in that they are there to make money. For insurance companies this means receiving as many premiums as possible, while paying out very little. This in itself is not an illegal practice and is actually how all insurance companies operate. However it does become illegal when claims are not being treated with the same level of fairness. Insurance companies are not obliged to pass every claim that comes before them but they do have a duty of responsibility to make sure that each and every claim is given the same thorough consideration. When this doesn’t happen and for whatever reason, this is known as insurance fraud or ‘insurance bad faith’. When this is the case, a San Bernardino workers compensation lawyer can be called upon to deal with the situation. If the case goes before the review board and is successful, then they can instruct the insurer to make full payments. Aside from this, a skilled attorney may be able to file a separate claim for punitive damages filed directly against the insurance carrier for any stress, trauma and financial damage caused to their client by the denial or underpayment of the initial claim. The Law Offices of David H. Greenberg is well versed in dealing with insurance companies and as result we work hard to deliver the best result for our clients.
- Financial backing
In the same way that insurance carriers start payments for injured parties, they are also at liberty (based on the say so of the examining doctor) to cease making payments. This usually occurs when the physician decrees that the patient is fit enough to return to work. In some instances the patient may not feel physically ready to return to work and as a result may feel that they are forced into doing so for financial reasons. This being the case, a team of San Bernardino workers compensation attorneys who have the right financial backing can call upon a team of independent medical advisers who can examine the patient and from this can ascertain as to whether you should still be entitled to workers comp payments. At the Law Offices of David H. Greenberg we have over forty years of combined experience in dealing with all aspects of personal injury and therefore have the longevity and the financial backing behind us to get you the money you deserve.
As you can see there are many ways in which a San Bernardino workers comp lawyer can help. So if you are faced with a situation of having what you believe is a legitimate workers compensation claim denied, then don’t suffer in silence. Instead rest assured that the Law Offices of David H. Greenberg can help. Call us at 1-888-204-1014.
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