Potential Payment And Workers Compensation Claims
A San Bernardino workers comp attorney explains that payments differ based on a number of criteria and some of these are as follows:
- Type of injuries
- Length of possible recovery
- What salary you are on (as payment is generally two thirds of your weekly wage)
Initially payments are known as temporary disability benefits and are made after 3 days off work or after hospitalization and are made bi weekly. These payments last up to a maximum total of 104 weeks and if an injured party is still unfit to return to work after this period then state disability insurance (SDI) kicks in.
When should you call upon the services of a team of San Bernardino workers compensation attorneys?
In most cases workers compensation is a straight forward process that a lawyer should not have to get involved in other than in an advisory capacity and to explain your rights. However when a claim is in dispute then it is most advisable to contact a workers comp attorney who can assist. If you reside in the state of California, then here are some examples of when you may want to speak to an experienced San Bernardino workers compensation lawyer.
Legitimate claim dispute
In some cases a worker may feel that they have had a perfectly legitimate claim that has either been underpaid, or worse still, denied altogether. It could be a down to a simple oversight on the behalf of the loss adjuster or it could be down to something a little more sinister. However it is up to the representing lawyer to get to the bottom of such a case. In most instances there are avenues of recourse in the form of the workers compensation review board, which is a body of individuals who access all disputed claims and make decisions based on evidence given. A skilled workers comp attorney will be used to dealing with review boards and can represent their client in such a case. If the claim has been underpaid or denied through illegal practices then if successful the lawyer can not only instruct the insurance carrier to make the payment, they may also be able to file a civil damages claim directly against the insurance carrier for any wrongdoings that have caused stress and anguish to their client.
Return to work dispute
Just as the insurance carrier has the right to initially accept or deny claims, they also control how long payments continue (on the advice of the company physician). In some cases there could be a dispute between the examining physician who has given the ‘all clear’ for the patient to return to work and the patient themselves who may believe that they are not physically ready or indeed able. When this happens a skilled team of San Bernardino workers compensation attorneys will be able to call upon the services of an independent physician who can examine the patient. If the case is successful, then again the review board may instruct the insurer to continue with the payments until such time as the patient is truly ready.
On the whole, workers compensation is a process that works fairly well in the main and satisfies many millions of claims each and every year. However if you believe that you have been unfairly treated, then you should contact a San Bernardino workers compensation lawyer who has the ability and the skills to be able to deliver a full and fair result every time.