how to fight for workers comp without an attorney

Factors to Consider Before Negotiating a Workers' Comp Settlement Without an Attorney

• Your future medical needs and cost
• The amount of the impairment — permanent partial disability (PPD)
• Your physical restrictions and how those affect your ability to return to your occupation or whether you can return to other types of employment
• Whether your employer will ask for resignation as part of the settlement

Full Answer

What should you not say to a workers comp claims adjuster?

As a general rule of thumb, you should never discuss anything except the basic facts of the accident, including where it occurred, the date and time it occurred, what type of accident it was, and which body parts were injured.

Which type of workers compensation claim is easiest to process?

Medical-OnlyMedical-Only This is the type of claim that is the simplest to file and easiest to process.

What are the most common claims for worker compensation?

The 5 Most Common Workers' Compensation InjuriesStrains (30.06% of workers' compensation claims)Contusions (20.83% of claims)Lacerations (11.79% of claims)Sprains (8.85% of claims)Punctures (5.50% of claims)

How is workers comp calculated?

Most often, benefits are calculated and paid based on the average weekly wage. This is calculated by multiplying the employee's daily wage by the number of days worked in a full year. That number is then divided by 52 weeks to get the average weekly wage.

What are the three types of benefits provided by most states under workers compensation laws quizlet?

Terms in this set (38)medical care.disability income.death benefits.

How do I file a workers comp claim in Michigan?

If your employer does not file a claim for you, you may file form WC-117 with the Agency. If the insurance company or self-insured employer disputes your claim, you may need to submit a form WC-104A, Application for Mediation, or Hearing.

Who pays the premium for workers compensation insurance company?

Ans: The employer is 100% responsible for providing all the benefits underwritten in the policy, within 30 days from the date when the claim is made. In certain circumstances, the employer directly settles the claims or sometimes by providing insurance to its employees.

What are the benefits of workmen compensation?

The workmen's compensation insurance policy offers legal liability coverage in respect of compensation paid to employees for bodily injury or death caused due to accidents, or occupational ailments arising out of and during the employment tenure.

What is workers’ compensation?

Workers’ compensation, also known as workers’ comp, workman’s compensation, and work injury compensation is when an employee receives financial compensation or assistance after they have been injured or become ill due to a work-related incident.

What types of things does workers’ compensation cover?

The specifics of what workers’ compensation can (or must) cover will depend on the state in which you work.

Do I need a lawyer to file a workers’ injury lawsuit?

Filing a lawsuit against your employer and/or their work comp insurance provider may sound like a career-threatening choice, however, if they are not providing the compensation or assistance they are legally required, then you must take action.

Filing your claim

When you are injured on the job in California, there are a few steps you must take in order to ensure you get proper workers’ comp coverage. Typically, an injured worker in California must complete three steps to pursue a workers’ compensation claim:

Appealing a denial

If the workers’ compensation insurance provider denies your claims, you have the right to contest that decision. There are several steps to the appeals process in California, and you must follow specific procedures and strict time limits to preserve your legal rights.

Help with Workplace Injuries in Arcadia

If you’ve been hurt on the job in Southern California, get help securing the medical coverage and other benefits you deserve for your injuries. Contact the dedicated and effective Arcadia workers’ compensation lawyers at the Law Offices of Dulio R. Chavez II and Associates for a free consultation at 626-357-3303.

Why do employers dispute claims?

Your employer may dispute your claim in order to avoid having to pay the insurance premium increases. They may claim your injury occurred due to a disqualifying reason, such as horseplay, being intoxicated at work, or that the injury occurred outside of work. The injury isn’t compensable.

How long does an employee have to notify their employer of an injury?

Many states have laws that dictate how long an employee has until the must notify their employer of their injury. This period is typically only a few days.

How long do you have to file a claim if you were injured in an accident?

The claim was not filed in time. State laws also determine the amount of time you have to file your claim. This period is typically 30 to 90 days from the date of the accident that injured you.

Who will examine you at a hearing?

In some cases, you may be required to undergo a medical examination by a Commission-selected physician. The doctor will examine you and testify at the hearing about your medical condition. You will also be allowed to testify and present your case.

Is stress injury covered by workers compensation?

It is possible that emotional injuries, suicide, and self-harm caused by work-related stress will not be covered by workers’ compensation.

File Your Claim Quickly and Accurately

The sooner you file your claim, the more time you and your lawyer will have to gather the necessary information and evidence for your case. The Colorado statute of limitations states that you have to file a workers’ compensation claim within two years of the accident.

Seek Medical Treatment

When you suffer injuries at your workplace due to unsafe conditions or negligence, you first need to receive medical attention. After you receive care for your injuries, contact an attorney to discuss the details of your claim.

Take Time to Understand Medical Authorization Requests

In many cases, a worker’s compensation insurance agency will request that you sign some type of limited medical authorization release. This will enable them to gather any medical records or bills that are related to your injury.

When are you charged for uninsured subcontractors?

You have been charged for uninsured subcontractors when you have certificates that show they had coverage.

Can you take a short cut in a work comp audit?

Taking short cuts will not work if you are trying to correct a work comp audit. Mistakes made in following the work comp audit dispute procedure will only delay the correction and in some instances cause your account to be turned over to collection. Not a very friendly outcome.

What to do if your insurance doesn't agree with your rating?

If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.

How long does it take to file a workers comp claim?

Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.

What happens if an injury is unreported?

That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.

What does an attorney do for you?

A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.

Do attorneys cross-examine witnesses?

An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.

Is it bad to handle workers compensation?

Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.

Can a minor injury be a preexisting condition?

Your injury is minor and doesn’t require much medical treatment – The workers comp system is specifically designed to handle these types of cases. You don’t have a preexisting condition that was aggravated by the accident – Preexisting conditions can complicate your claim, like a neck injury from car wreck that is inflamed by a fall at work.