Workers’ Compensation Timeline
To help understand the workers’ comp process, the LA workers’ compensation attorneys at C&B Law Group have developed a workers’ compensation timeline for most cases.
About
Understanding a workers’ compensation timeline can help with the process following your claim.
Workers’ compensation is designed to benefit employees who suffer a work-related injury or illness. Employees are protected under the law, and become eligible for compensation following an injury or illness at their job.
All employers must cover workers’ compensation benefits for employees injured in the course of their employment (unless the employer is exempt). However, if your claim is denied by the insurance company, you may lose access to these benefits.
The workers’ compensation process can be a long and complex process. If you’re suffering from pushback following a workers’ comp claim, your next step may be to contact a workers’ comp attorney.
An attorney can help with the case and inform you of the potential steps in a workers’ compensation timeline.
The following list includes 10 steps to expect after filing a workers’ comp claim with one of our attorneys.
Gathering Reports/Letters/Photos/Texts
One of the main reasons why workers’ compensation claims are denied is the lack of evidence about the incident.
To start the workers’ compensation timeline, your attorney will help you gather all necessary evidence, such as any initial medical reports, testimonials, documents, photos, or videos.
Finding a Treating Physician
The role of your treating physician in a case is critical in the workers’ compensation timeline. A physician will diagnose and treat your injuries, decide your work restrictions, provide medical evidence, and much more.
Your attorney can help you choose a treating physician, and can help you find a new one if necessary.
Verifying Eligibility for benefits
Your LA workers’ comp attorney at C&B Law Group will help you determine your eligibility for workers’ compensation benefits, and deal with your employer’s insurance if they follow up by claiming you don’t qualify.
Ensuring the Employer is Honoring Your Work Restrictions
Don’t risk making your injury worse! Sometimes, you will be able to continue working while you recover from your injury but with certain restrictions.
If your employer requires you to work beyond your current capabilities, your attorney can help you from overexerting yourself during your recovery period for the workers’ compensation timeline.
Monitoring Treatment Progress
Your health comes first! You must follow your treatment schedule regularly to ensure you recover as soon as possible.
You may even need to see different medical specialists during your recovery. Your lawyer will help you keep a detailed record of all medical processes at all times.
Collecting All Medical Data
The medical evidence in your workers’ compensation case is one of the most crucial factors. Claims will often be approved or denied based on this information.
Next in the workers’ compensation timeline, your attorney will work closely with your treating physician to demonstrate that your injury warrants reasonable compensation by helping gather all medical evidence necessary to do so.
Getting a 2nd Opinion from a Neutral Qualified Medical Doctor Appointed by the State
Per the request of the insurance company, you may need to be evaluated by a state-designated qualified medical examiner (QME). These professionals specialize in looking at workers to provide an unbiased opinion on any medical issues.
Your attorney can help you choose the best QME for your case, or negotiate with the insurance company to have you evaluated by an Agreed Medical Evaluator (AME)
Challenging Unfavorable Reports
Insurance companies will use every detail they can get their hands on to avoid paying you maximum compensation. Sometimes the insurance company will claim that your injury isn’t work related, or that it was caused by a previous medical condition.
They might even present evidence that doesn’t match your initial report. If this is the case for your workers’ compensation timeline, your attorney can help you challenge that information, increasing your chances of getting maximum compensation.
Negotiating a Potential Buyout of Your Future Medical Care
Your attorney will negotiate with the insurance company to help you receive the highest possible compensation.
Sometimes, insurance companies will offer you a lump sum as opposed to paying for your medical care. Your attorney will help you determine if accepting this offer is in your best interest.
Going to Trial on Disputed Charges
If the insurance company refuses to cooperate, your case will go to court. Your attorney will submit all the evidence collected to prove the legitimacy of your claim.
They will also present a “theory of the case”, explaining why you should receive benefits. If you aren’t satisfied with the outcome of your hearing, you can appeal the decision with the help of your attorney.
In Conclusion
It’s important to remember that every workers’ compensation case is different from the next. Some cases can move quickly with an early settlement, while each of the aforementioned steps of the workers’ compensation timeline can take longer depending on various factors.
There are a number of potential personal injuries one may suffer from following an accident at the workplace, including:
- Traumatic brain injury
- Whiplash
- Back injuries
- Cuts and lacerations
- Neck injuries
- Concussions
- Broken bones
- Scarring or disfigurement
- Spinal cord injuries
- Death
Some of the benefits available under workers’ compensation include:
- Medical benefits: This includes costs for doctor visits, medications, surgeries, therapy, and more.
- Temporary disability benefits: Available to workers who suffered an injury, these benefits replace the wages of those who are disabled for a certain period of time, generally ranging from a few weeks to a few months.
- Permanent disability benefits: While most injured workers do not experience permanent disabilities, those who do may be eligible for compensation if a doctor assigns them a permanent disability rating. If the injury results in lasting limitations, they may receive permanent disability payments, which are determined by their rating and other factors. These payments will be deducted from the final settlement at the end of the case.
- Vocational rehabilitation: If the injury prevents a worker from performing their previous job, benefits are available for training at approved schools.
- Dependent death benefits: In the event a worker is killed on the job, their dependents, including their children, spouse, parents, grandparents, etc., can receive death benefits.
With so many different ways that make each case unique, this serves as a general workers’ compensation timeline.
There is a lot of information available at the California Department of Industrial Relations website. However, this is self-served, and without the knowledge of an attorney with a background in workers’ comp cases or the C&B Law Group workers’ compensation timeline.
Some of the leading causes of workers’ compensation injuries include:
At C&B Law Group, our Los Angeles workers’ compensation attorneys are prepared to help you recover compensation. With over 3,000 successful case settlements, our team vows to help you in any way we can within our legal power.
If you have any questions regarding the workers’ compensation timeline, don’t hesitate to reach out to the Southern California injury attorneys at C&B Law Group today.
We service workers’ compensation clients across California, including:
- Burbank
- Glendale
- Los Angeles city proper
- Pasadena
- Santa Monica
- Pacoima
- Santa Clarita
- San Bernardino
- Riverside
- Hemet
- San Jacinto
- Bakersfield
- Fresno
We’re available via phone, text, and message.
Contact C&B Law Group today about a free consultation.
