Filing a workers’ compensation claim can seem overwhelming, especially if you have never encountered it. Mistakes when filing a claim can delay or even forfeit your right to benefits, leaving you without necessary compensation. This is why working with a skilled workers’ compensation attorney at Silberman & Lam with years of specialized experience in helping workers receive the compensation they need and deserve is imperative.
Our practiced legal professionals could show you the mistakes to avoid when making a Fresno workers’ compensation claim so that you are successful. Any small error could mean that your claim is denied, so it is essential to get it right.
Navigating the workers’ compensation process can be complicated, making it difficult for injured employees to understand their rights without proper legal assistance. When employees file their workers’ compensation claim without consulting a well-versed attorney, it is easy for simple mistakes to happen in Fresno, which can cost an employee the benefits they need.
One of the most common mistakes injured workers make is failing to report the injury on time, as California law provides that employees have 30 days from the date the injury or illness occurred to report it to a manager or supervisor in Fresno. Failure to meet this deadline could cost someone their benefits. There are exceptions, including if a supervisor was aware of the work accident, but the best practice is to report an injury or illness immediately.
Likewise, clients often delay medical treatment after a work injury, mistakenly believing their employer must approve the claim before being covered. This is not true. In California, injured workers can seek medical treatment right after their injury as long as they have filed a claim form, and their employer is obligated to provide coverage. If the claim is ultimately denied, subsequent treatment is not covered. Moreover, reporting an injury in a timely fashion creates documentation that can support the overall claim.
Many injured workers make mistakes when talking with insurance companies about their claims by failing to provide complete and accurate information. Omitting details can only hurt the claim. It is wise to be honest and provide all relevant information about the injury and how it occurred. If there are concerns about sharing certain information with the adjuster, an attorney could walk the employee through it and advise what information they must disclose.
In addition to the initial deadline of reporting the injury within 30 days, there are other relevant time frames for filing the claim and understanding the appeals process. A workers’ compensation application for adjudication in many cases must be filed within one year of the injury or illness, and not following this step is a huge mistake that must be avoided in Fresno. Sometimes, conditions develop over time, and the injury may not be apparent after the work accident, causing a worker to miss the deadline. When this happens, an attorney could help by arguing that the injured employee only recently became aware of the injury sustained due to their job duties.
One of the most critical mistakes people make when filing a workers’ compensation claim in Fresno is not hiring a lawyer to handle their case. An experienced attorney could help to advise workers about their rights and ensure they receive the benefits they are entitled to under California law. A legal professional could also help resolve any disputes regarding a worker’s ability to return to their job duties or file an appeal if the claim was denied.
When you have been hurt on the job, consult an experienced lawyer about your claim. A seasoned attorney could provide crucial guidance throughout the process so you know the mistakes to avoid when making a Fresno workers’ compensation claim.
Our dedicated workers’ compensation lawyer could provide crucial guidance and increase your chances of a successful claim. Contact our office to learn more about your rights and schedule an initial consultation.
