Common Workers’ Compensation Mistakes & How to Avoid Them
Protect Your Claim with the Help of Our Glendale Workers’ Comp Lawyers
Those filing for and receiving workers' compensation are often doing so for the first time in their lives. Without proper guidance, it can be difficult to know what the laws and policies surrounding these programs are, and far too many deserving claimants are denied their benefits due to infractions they did not know were prohibited.
At the Law Offices of Wax & Wax, we understand that filing for and receiving workers' compensation benefits is new territory for many claimants. That is why we offer knowledgeable counsel backed by over 100 years of collective legal experience to clients who need their best interests looked after. Whether you are ready to file or need help with a denied or terminated claim, our proven Glendale workers' compensation lawyers can help.
Call us at (818) 946-0608 today or submit an online contact form to request a consultation.
Three Common Workers' Compensation Mistakes in Los Angeles
In order to have your workers' comp claim accepted and remain in compliance, certain policies need to be followed. While many claimants find these restrictions frustrating, they are put in place by state law and the workers' comp providers to ensure that each claim is truthful and properly managed.
The most common mistakes workers' compensation claimants make include:
- Waiting too long to notify your employer. In many cases, work accidents are serious enough that employers become immediately aware of them—especially if medical care is needed at the workplace. In other instances, though, it is up to the injured worker to notify their employer within 30 days of their injury. For those workers dealing with lingering injuries that they are not sure call for a claim, waiting too long will not only welcome suspicion but, after 30 days, disqualify them from filing.
- Ignoring medical advice. Before your claim is approved, you will need to see a doctor appointed by your employer’s workers' compensation provider. Not only will this doctor assess your condition, but he or she will also begin to outline treatment for your recovery. Whether during this assessment process or any time after your claim is approved it is found that you are ignoring the advice of doctors, it is likely that your worker's comp claim will be denied or terminated.
- Lying about your medical history. It is possible to receive workers' compensation for a medical condition that was aggravated by your job. However, to do so, you must have been completely transparent about that pre-existing condition throughout every step of the process. This includes in your initial claim, during your medical assessment and treatment, and, if required, at the start of job in question if you were asked to provide medical information with your application.
What to Do If Your Workers’ Comp Claim Is Denied
If your workers’ compensation claim in Los Angeles has been denied, or if your benefits have been terminated, you still may have a number of legal options, including:
- The first step in appealing a denied workers’ comp claim is to file an official Application for Adjudication of Claim. Essentially, this form formally requests the DWC office to review your claim.
- If your Application for Adjudication of Claim is denied or if the original claim denial is upheld, you may request a hearing before an Administrative Law Judge (ALJ). To do so, you will need to file a Declaration of Readiness to Proceed.
- If the Mandatory Settlement Conference hearing does not go in your favor, you may proceed to trial with your case. After the trial, you will receive a decision from the presiding judge anywhere from 30 to 90 days after the conclusion of the trial.
- Your final option, if the trial judge does not overrule the claim denial, is to file a Petition for Reconsideration, prompting a formal review of the decision.
At every stage of the process, it is highly advisable to work with a knowledgeable workers’ compensation attorney who can advise you of your rights and various legal options. While you may be able to appeal a workers’ compensation claim denial, you may have limited options if you have made any mistakes which bar you from collecting compensation.
Contact the Law Offices of Wax & Wax
The best way to avoid common workers’ compensation mistakes is to work with an attorney from the very start of your claim. At the Law Offices of Wax & Wax, our Glendale workers’ compensation attorneys can provide you with personalized legal counsel based on our years of expertise.
Need to carefully avoid common mistakes that can derail a workers' compensation claim? Need to challenge a denial or termination of your benefits? Contact us today to request a free case evaluation.
Related Reading
-
"Robert Castillo is an excellent attorney. He went above and beyond to help me."Robert Castillo is an excellent attorney. He went above and beyond to help me. I knew I could trust and rely on him. Mr. Castillo was kind and listened to my concerns. His expertise was essential in dealing with the challenges of Workman's Comp. I recommend him highly because he exceeded my expectations. Well done!- Char H.
-
"s soon as he took on my case, my stress was lifted and Mr. Wax dealt with all the communication and negotiations."I was dealing with my worker's compensation case on my own and I found it confusing and overbearing at times. I met with Alan Wax from The Law Offices of Wax & Wax and I was instantly put at ease. Mr. Wax has been in this business for a very long time; he knew exactly what doctors I needed to see and how to move forward to negotiate my case against the adjusters. He not only advised me for better offers on my case but he demanded I receive all of my doctor requests from the adjuster. As soon as he took on my case, my stress was lifted and Mr. Wax dealt with all the communication and negotiations. Thank you so much for everything! I would recommend the Law Offices of Wax & Wax to anyone and everyone!- Beverly O.
-
"I was extremely satisfied with the entire process."
I was referred to this law office by a friend of mine and I was very pleased with the results of my case due to the amazing service and advisement by my lawyer Robert Castillo. I highly recommend this law firm for any worker's compensation-related cases. I was extremely satisfied with the entire process.
- Selin M. -
"Robert is your go-to attorney!"WOW! I am not just saying this - but Robert is your go-to attorney. He has been so patient and professional during my entire process. I will refer him to everyone I know. He answered all of my questions and was very honest with me. He took time out of his busy schedule to explain the process to me from beginning to end. I feel confident that he has my best interest and look forward to working with him. Thank you Wax & Wax.- Christine P.
-
"I love this Company"Allen Wax, Lisa Pantoja and staff at the Law Offices Of Wax & Wax gave me excellent service. They were always concerned about my needs, ready to answer questions and explain the process towards resolution of my on going claim. Thanks Law Office of Wax &Wax, love Y'all.- Tonette Reyes
-
"The attention to detail meant so much!"I wanted to thank you and your staff for helping me in a very difficult time.- Former Client
-
"Going to speak to Mr. Wax was calming and informative."After working 4 decades at one grocery chain I became badly injured. Filing a WC claim was easy but after 4 major surgeries, one to remove 3 discs from the lumbar region, 1 disc removed from the cervical region, surgery to repair 3 torn rotator tendons, and have an electronic lumbar stimulator the bureacracy of WC insurance and the mounds of paperwork and approvals required for all tests and procedures would have stressed me out to a point of severe anxiety. Going to speak to Mr. Wax was calming and informative. His representatives who accompanied me to depositions and the courthouse was such a relief. I could not have done this myself. Thank you to the lawyers who helped me, Mireya who was my contact in the office for immediate feedback to my concerns. I highly recommend this firm for dealing with insurance companies and the SS office. Thank you- DV Hig
-
"Highly recommend Robert for your future cases."I worked with Robert Castillo on my case. He is knowledgeable and patient; Allows time and space for you to ask questions. The office staff is organized and responsive. They send regular correspondence to home and set up a phone appointment if necessary. I enjoyed working with this law firm. Reasonable price, friendly staff, and professional. Highly recommend Robert for your future cases.- Azin G.
