Under California law, employers should provide a benefit scheme for their employees. This cover is mandatory even if there is only one employee. The scheme forms the basis for workers' compensation and allows employees to claim compensation for work-related accidents and injuries.
Requesting or downloading the claim form and filling it out is easy. However, proving a claim exists is quite tricky and leads to numerous claims being denied. To help your case, getting in touch with franchise attorney Jason W. Power is a good bet. This blog shall share insights on how you can succeed in your workers’ compensation claim. Follow the steps below to minimize your chance of a denial.
Report If You Have Been Injured at Work
A significant factor in numerous claims is the missing reporting requirement. As a standard, an employee should report within 30 days of being injured. This is crucial, as your employee will then provide you with a claim form and note the incident. Failure to report on time provides ripe grounds for a denial. Therefore, always ensure to report any injury.
Collect Evidence
You should ensure that you take pictures, witness statements, and any other evidence that may be relevant to prove your case. To succeed in your claim, you must prove that your injury resulted from your working conditions. Failure to draw this correlation has rendered many claims futile. Consider taking security footage of your accident if it is available to strengthen your case.
Seek Medical Care
The essence of medical care is similar to the previously collected evidence. Medical care generates a medical report. When explained by an expert witness, this report provides ample background on your injuries and their causation. The absence of a medical report limits your case, as your medical expenses claim cannot be justified. The Workers’ Compensation Committee may then deny your claim. They must be able to prove that the injured party was not injured as a result of their negligence.
Stick to Deadlines
There is a strict deadline for the resolution of such claims. To this end, adhering to deadlines is fundamental for success. While it is possible to handle the claim independently, you may consider the services of a personal injury lawyer. Through experience and routine, these professionals will fully take charge of your case and defend your interests. Sticking to the statutes of limitations helps keep things in order and ensures the timely processing of all claims.
Avoid Irresponsible Actions
Sometimes, adhering to each tip provided above is of no consequence. You may be barred from seeking compensation when you’ve been implicated in your injury. For example, if the actions that led to your accidents have been prohibited in the employee's conduct, your claim may be denied. Further, ignorance and disregard for clear instructions and warnings can qualify as irresponsible actions here and deny your claim.
The Importance of Legal Representation
While it’s possible to file a workers’ compensation claim independently, having a skilled attorney on your side can make a significant difference. Lawyers understand how to gather strong evidence, meet tight deadlines, and frame your case in a way that aligns with California law. They know how to challenge denials, negotiate settlements, and represent you if a hearing becomes necessary. Without legal help, you risk being overwhelmed by paperwork, legal jargon, or pushback from insurance companies. An experienced attorney will protect your rights and increase your chances of a successful claim.
Conclusion
To succeed in a workers’ compensation claim, you must understand what you’re doing wrong to avoid. This blog has highlighted some of the key areas to address. Firstly, sticking to deadlines is critical. This also includes the set timeline when you should have informed your employer. Further, ensure that you’ve prepared ample evidence. Consider photographs, video evidence, and witness statements. This primary evidence can be crucial in establishing a prima facie case that strengthens the evidence of your medical report and the expert witness statement. When filing your claim, it is equally important that you confirm you were not the party at fault. Consult with your attorney to advise you on the assignment of fault in your case.