How Often Do Workers’ Compensation Cases Go to Trial?

Workers’ compensation is a federal program that aims to protect the rights of both the employee who got injured at work and the employer from various damages and personal injury lawsuits. Its purpose is to help the injured against the piling medical bills and compensate for the loss of wages due to absence from work.

What is covered in workers’ compensation?

• Compensation to cover your medical bills.
• Lost or reduced income due to medical leaves or inability to return to work. This will be a certain percentage of your gross income, not necessarily the entire amount.
• A certain coverage for rehabilitation and vocational training for employees enables them to return to work or take up other forms of employment if they cannot return to their previous job.

However, there are cases in which the injured employee’s claims have been denied. While most cases may be settled out of court, consult with your workers’ compensation lawyer before going to trial and receive the best possible and just compensation.

Reasons for court trials include:

• The insurance company refuses to pay the compensation;
• Your employer may claim that your injury did not occur at work or it is not work-related;
• The offered compensation is not enough to cover the losses incurred by the injured employee.

What steps can you undertake to protect your compensation claim?

1. Report your injury to your employer as soon as possible. If you cannot inform them immediately, make sure you report it within 30 days of the incident.
2. Get medical assistance right away. Early diagnosis and proper treatment can prevent long-term health issues. Even if you feel that your injury is not severe, get it checked by a doctor. Ignoring your injuries or taking them lightly will also give ammunition to the insurance provider that your injuries are not that serious or do not require the claimed sum of compensation.
3. Follow through with the treatment. Following your doctor’s advice and treatment plan are essential for your recovery and your claim. It shows that you are committed to getting better and returning to work.
4. File your claim timely and track its status. Filing and submitting your claim is a lengthy process with multiple deadlines. Therefore, working with a workers’ compensation attorney can help you meet all deadlines and take necessary actions in a timely manner.

With medical and treatment expenses rising, and a downward dip in your income, getting your claim denied can be truly distressing. It is strongly recommended to engage an experienced workers’ compensation attorney to help fight your case and ease the burden from your shoulders so that you can focus on your health and recovery.

The Kenton Koszdin Law Office, worker’s compensation attorneys in Van Nuys, can help you navigate the often complicated claim process with ease and the best possible outcome for you and your family. Call 800-438-7734 for your initial free consultation in our office or from the comfort of your home.