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If you've been injured as a result of your work, you should be able to collect workers compensation benefits.Your employer or its workers' comp insurance company does not have to agree to settle your claim, and you do not have to agree with a settlement offer proposed by your employer or its insurance company.
You will be called to testify about your injuries and how they occurred. In many cases, the injured worker is the only witness who testifies at a hearing. However, in denied cases, both sides may have other witnesses who will testify about the facts of your work accident.
Get your weekly disability check started, if you're not receiving it already. Maximize your weekly benefit check. Report all super-added injuries. Seek psychological care, when appropriate. Seek pain management care, when appropriate. Don't refuse medical procedures. Be very careful what you tell the doctor.
Generally, it should take a week or two to get the settlement agreement to your attorney from the other side. When everyone has signed, your settlement must be approved by a Workers' Compensation judge, which can take up to two weeks. Once it is approved, an insurance company has up to 30 days to mail your check.
3. The employer files the claim. Usually, the employer is responsible for submitting the paperwork to the workers' comp insurance carrier, but the employee's doctor also needs to mail a medical report. Additionally, employers may need to submit documentation to the state workers' compensation board.
Before you attend your workers' comp hearing, you should organize your evidenceincluding medical records, unpaid medical bills, doctors' reports, and other documents. You should also mentally prepare to testify.
A workers' comp hearing determines whether you will receive benefits.At this hearing, the judge will review all of your evidence and then issue a decision awarding or denying your benefits. Because a workers' comp hearing involves specific rules and procedures, it is important to be well-prepared.
Always ask what the net amount will be after deducting lawyers' fees. A good California Workers' Compensation attorney should make sure that all medical expenses for your treatment are taken care of by the insurance company either prior to settlement or included in the settlement. You should not owe anyone.
If you are a small employer, i.e. your average performance premium is less than or equal to $30,000, your premium will not be impacted by the costs of your workers compensation claims.