Some claims are accepted by the employer and benefits are promptly provided. In such cases, if the employee has a good recovery (little or no permanent injury), they may not need a Workers’ Compensation A
If you have a serious injury or if your claim is denied or disputed, it would be a good idea to at least talk to a workers compensation attorney about your rights and consider whether you wish to be represented.
The employer or insurance company may dispute that an injured worker was injured on the job or is entitled to any benefits. Another type of dispute arises where the injury itself is admitted and some benefits are paid but the employer later disputes entitlement to particular medical treatment, periods of temporary disability payments, or the level of overall permanent injury or entitlement to the job re-training voucher.
In general, such disputes, if they cannot be resolved by the employee and the employer, are resolved by the Workers’ Compensation Appeals Board. The Appeals Board is a special court created by the state Constitution and is set up only to hear workers’ compensation controversies. No other court has jurisdiction.
In most cases, in order to resolve disputed issues, it is necessary to obtain expert medical-legal opinions from physicians with some expertise not only in
Once a QME has been selected, it is very important that they are asked the proper questions. Some of the theories that allow us to increase settlement value require the physicians to comment on certain issues beyond the standard issues in a report. Many physicians will not bring these matters up unless one of the parties actually asks the proper questions. Anyone with a serious injury would be well served to at least consult with a Workers’ Compensation A
In all of these situations, once the medical reports and any other necessary evidence have been developed, the parties need to negotiate to see if they can resolve the matter. If they are unable to do so, either side may request a hearing before a Workers’ Compensation Judge.
Although the Workers’ Compensation Appeals Board was originally intended to provide informal, expeditious hearings, the technical issues
Attorney’s fees in Workers’ Compensation C
Sometimes employers and insurance carriers try to talk injured workers out of getting Workers’ Compensation Attorneys. Insurance costs are based on claims, and insurance companies have an adverse interest to injured workers. Injured workers should always remember that they have an absolute right to be represented by an attorney.