Common Issues in Workers’ Compensation Claims and How to Handle Them
California’s workers’ compensation program is meant to help employees who are injured on the job. Because this program also benefits employers, the process often runs smoothly on both sides. However, common issues can complicate your efforts to get the benefits you’re entitled to, which is why we recommend talking to an Inland Empire workers’ compensation attorney if you run into challenges.
The team at Moga Law Firm has long advocated for workers’ rights in California, helping them fight for benefits even when employers attempt to intervene. Attorney Scot Thomas Moga has more than 30 years of legal experience that helps him find innovative and tailored solutions for your workers’ compensation needs. Find out how our workers’ compensation law firm can help you now by calling us at 909-931-2444.
Problem 1: Your Employer Doesn’t Give You a Claim Form
After you report your injury, your employer should give you the form you need to fill out, Workers’ Compensation Claim Form DWC-1. You’re meant to fill it out promptly, keep a copy for yourself, and wait for the signed and dated copy from your employer. But if your employer does not ever give you a copy of this to fill out, your claim may not have been reported to the insurance company. This may interfere with your ability to start a claim and receive benefits, so it may be a good time to involve a workers’ compensation lawyer.
Problem 2: The Insurance Company Denies the Claim
If the insurance company denies your claim, that doesn’t mean that your case is done. Insurance companies often deny claims at the slightest sign of ineligibility. If they believe it didn’t happen at work, that you reported it too late, or that the condition was preexisting, they may deny it right away. You can read your denial notice closely, note the deadline on it, and reach out to a workers’ compensation attorney to figure out how to appeal their decision.
Problem 3: Medical Treatment is Delayed or Denied
Medical treatment disputes are all too common. You may struggle to get your employer’s workers’ comp insurance provider to approve appointments, imaging, physical therapy, or medication. They may claim that the treatment is unnecessary or that it isn’t relevant to your work injury. It’s important to continue attending scheduled appointments, explain your symptoms clearly, and save copies of denial letters. Follow medical instructions as closely as possible and have your lawyer review the insurance company’s response.
Problem 4: Your Temporary Disability Payments Are Late or Wrong
Delays in this area can be a significant issue for workers, as temporary disability payments may mean the difference between paying bills and having to decide between bills and food on the table. Common issues include late checks, benefit amounts that are lower than what you’re entitled to, improperly calculated wages, and disputes regarding your ability to work. Reach out immediately if you notice late payments, missing payments, or incorrect payment amounts.
Problem 5: The Doctor Sends You Back to Work Too Soon
Doctors may sometimes send injured employees back to work, either full duty or modified duty, before they feel ready. This may put them at risk of aggravating the injury further and delaying their recovery. If this sounds like your case, don’t just refuse to go back to work without getting advice. Ask your doctor to clarify your restrictions in writing, ensure that you are being clear about your symptoms, and talk to a workers’ compensation lawyer about disputing the doctor’s recommendations.
Problem 6: Your Employer Won’t Accommodate Restrictions
Restrictions are in place to allow you to work without worsening your injury or slowing your recovery timeline. If your employer refuses to honor your restrictions or they pressure you to do work that violates your restrictions, report it to your doctor and your attorney. Don’t risk making your injuries worse.
Facing Issues With Your Workers’ Comp Claim? Call Our Workers’ Compensation Law Firm in California
If your employer or their insurance company is making it tough for you to get the benefits you’re legally entitled to, you have options. Let’s talk about them during your consultation. Give us a call at 909-931-2444 or send us a message online.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
