Common Misconceptions About Workers’ Compensation In Santa Ana

Posted by The Figueroa Firm on January 30th, 2020

Hiring a workers comp attorney Santa Ana in California will help you get the right amount of compensation. Workers’ can be defined as a form of insurance recognized in every state. However, laws that govern workers’ compensation vary from country to country and state to state. Because of these variations and because of the large number of articles about workers’ compensation written by laymen, several misconceptions have emerged concerning the compensation of workers.

Small business employers don’t need to provide workers’ comp coverage

Almost all employers are required to provide workers’ compensation. The size of the business doesn’t matter. Even an employer who has one employee is required to carry worker’s compensation. However, there are a couple of exceptions: domestic servants and independent contractors are not covered and employers are not required to cover casual workers who are not hired to further the business of the employer.

You cannot get workers’ compensation for a pre-existing injury

You can receive workers’ compensation benefits if you have a pre-existing injury that is permanently or temporarily aggravated. The most common pre-existing injuries that are covered include knee, spine, hip and shoulder joints.

You cannot use your doctor for treatment after an injury

You may be asked by your employer to see a doctor of their choice just for a one-time evaluation. Other than this evaluation, you are allowed to choose your doctor for treatment. However, the treatment provided should be necessary and reasonable. This rule has one exception. Some self-insured employers who have contracted medical providers can ask you to see those medical providers. If you are uncomfortable with their medical providers, you can talk to the best workers comp attorney Santa Ana in California to negotiate for you to have a doctor of your choice.

You cannot get workers’ compensation benefits when your claim is denied

Your claim being initially denied doesn’t mean that you cannot get your workers’ compensation benefits. If your claims have been denied, you have the right to appeal the decision. You should appeal the decision by filing a request for a hearing. This should be done within 90 days from the day of the denial. You may still be able to receive your benefits even if your appeal is denied. You can request a review of the decision within 30 days of the hearing. You will have the option to appeal in the court of appeal if the decision is upheld.

You cannot get workers’ compensation benefits if you don’t prove your employer wasat fault

Workers’ compensation is not a fault insurance system. This means that you will be paid regardless of who is to blame for the accident. Even if you are responsible for causing the accident that led to the injury, you will still get your benefits so long as the injury was not intentionally self-inflicted.

These are some misconceptions about workers’ compensation. Hiring a workers’ comp attorney Santa Ana in California will help you negotiate for higher benefits. Your lawyer will also explain some things that you do not understand