It is crucial to understand precisely what to do after a workplace accident in Torrance so that you can receive workers’ compensation benefits. To start, you should report the injury to your employer within 30 days. A claim must then be filed with the Division of Workers’ Compensation (DWC), which a claims adjuster for your employer’s insurance company reviews before issuing a decision, generally within 90 days.
When a claim is denied, an application of adjudication can be filed with the Workers’ Compensation Appeals Board (WCAB) to litigate and challenge the denial. One of the diligent workers’ compensation attorneys at Silberman & Lam could help move your claim forward at any stage.
One part of a successful claim or appeal is having enough evidence to substantiate it. Obtaining enough evidence and support for a claim can be accomplished through an investigation, including reviewing photo and video evidence, referencing work logs and employment records, consulting with experts, recreating the accident or injury, or getting second medical opinions.
This process can be time-consuming and detail-oriented, and it is the type of work a lawyer’s experience and specialized knowledge make them well-qualified to do in the wake of a workplace accident in Torrance. Providing enough support for a claim can mean the difference between approval and denial. Because insurance companies are for-profit entities, they have plenty of incentive to deny a claim. Our well-versed attorneys have been through this process many times and understand how to ensure a claim’s success.
When a claim is denied, an application needs to be filed with the WCAB to appeal the denial
An experienced Torrance workers’ compensation attorney has handled many appeals before and knows how to get an accident claim approved. This may require an investigation, additional paperwork, or an argument in court. The best course of action and strategy will depend on the facts of a workplace injury and the associated claim.
The benefits injured workers are eligible to receive include payment for medical costs, lost wages, job retraining, and permanent disability or death benefits. Most temporary disability payments (for lost wages) last up to 104 weeks, although that can be extended considerably for specific ailments. Permanent disability benefits are paid based on a program schedule and are not generally lifelong.
In Torrance, resolving a workers’ compensation case for an accident can take up to seven years, although most claims are approved or denied within 90 days of filing.
Getting injured at work can be a challenging experience, and dealing with government agencies, the legal system, and insurance representatives can be massively draining. When you are wondering what to do after a workplace accident in Torrance, contact our legal team. We can handle the claims process so you can focus on healing.
Call our firm today for a consultation to discuss moving your case forward.
