Workers’ Compensation Law and How to Win a Denied Case –
Win a Denied Workers Compensation Case – Many California workers’ compensation cases are denied by the insurance carrier. When a complete and total denial occurs, the only way to seriously fight for benefits is to hire a job accident attorney. While it is possible to represent oneself before the Workers’ Compensation Appeals Board (WCAB – administrative law court charged with resolving disputes over work injuries), it is never recommended by a professional. Work accident lawyers know how the system works and how to fight denied claims.
How to win a denied workers compensation case depends on the reason for the denial. It also depends on the unique issues, facts and/or obstacles applicable to the individuals case. This article explains the basics of how a lawyer might go about fighting and winning a denied workers’ compensation action. But since each and every person’s situation is unique, it is of absolute importance to seek professional help from a local job accident attorney right away. Do not rely on the the general information contained in this article to actually prosecute a claim without the help of the best job accident attorney. Instead, call Alexander D. Napolin, Esq. – California Injury Lawyer, for a free consultation. Those who are looking for a local representative who serves injured people in the cities of Claremont, Upland, San Dimas, La Verne, Pomona, Chino, Covina and Rancho Cucamonga, Diamond Bar or Glendora, can contact the firm at 909-325-6032. Mr. Napolin would love to speak with you for free about a work accident that you have experienced recently or have been fighting on your own.
Understand How To Prove a Work Injury Claim
Burden of Proof in California Workers Comp Cases
To win a case in denied status, the person is required first prove to the court the alleged fact upon which the claim is based. In other words, the applicant has the burden of proof. The burden of proof is a legal concept that tells the parties who must prove the events that give rise to the legal action. In general, the applicant or claimant has the burden to proof. This means that the employee must show that it is more likely than not that the injury arose out of and in the course of employment. In other words, the worker is required to put forth facts that support coverage and the judge has to believe that it is more likely than not that those facts exist.
There are possible exceptions – There are a few exceptions to this general rule. The biggest exception is California Labor Code section 5402. Under section 5402, a claim that is denied more than 90 days after its submission by the injured employee to the employer is presumptively compensable. The claim is then said to have the presumption. When it has the presumption, it shifts the burden of proof to the employer/insurance carrier to show that it is related to something other than work. The insurance company must now prove that the alleged harm is non-industrial. In other words, the insurance company must show by a preponderance of the evidence that it did not occur in the course and scope of the person’s employment. Or the carrier needs to show that some condition exists that allowed the carrier to later deny it without triggering the presumption. Unless the presumption applies to your particular case, then the burden to prove the legal action is on you, the hurt employee. The only way to know whether the presumption is applicable to your case is to call and discuss its unique facts and circumstances with a workers’ compensation attorney to Win a Denied Workers Compensation Case.
Proven Facts Must Prove an Industrial Injury
Just because the facts are proven true by a preponderance of the evidence does not mean that benefits will be available. The events proven must give rise to compensability under the Labor Code. More specifically, the injury must arise out of and in the course and scope of employment. In other words, the employee gotta have gotten hurt while performing their job or because of their job in some way. In addition to this, the facts mush show entitlement to the following benefits if those benefits are sought as part of the claim.
- Permanent Disability
- Temporary Disability
- Medical Care
- Future Medical Care
- Supplemental Job Displacement Voucher
- Mileage Reimbursement
Even if the judge forces the claim into admitted status via a trial and award, the injured worker might not end up with much benefits if he or she cannot show facts that give rise to entitlement to the above-listed benefits. Entitlement to compensation and in what amounts is an issue that is always in dispute regardless of whether the underlying health condition is industrial/covered under workmans comp. Even where the presumption applies, the claimant still needs to prove they get the benefits they desire. Depending on the severity of the ongoing health condition, some or all the above list might not apply. Consult an attorney now if you are wondering whether you are entitled to anything under workmans comp.!
Hiring a Work Injury Attorney in California is Best
Win a Denied Workers Compensation Case!
The comp. process is a complex one. Evidence must be gathered and presented in a timely and correct manner in order to give rise to compensation under the Labor Code. Applicable Labor Code provisions and corresponding Regulations are complex and hard to understand. Judge made law interpreting the Code sections usually needs to be researched to fully understand many issues you will face in the claims process. Therefore, hiring a work injury attorney in California is best, in order to secure the highest likelihood of success. Mr. Napolin is here to speak with those who call his office. Do not hesitate or waste time as it could affect important legal rights to needed money and medical treatment. Win a Denied Workers Compensation Case!
A Free Evaluation is Available – (909) 325.6032!
Originally posted 2015-11-21 23:19:01. Republished by Blog Post Promoter