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Have you recently filed a worker’s compensation claim and are already beginning to experience the typical problems injured workers face in receiving benefits? Employees that have been injured or become ill on the job after filing a claim face common problem such as:

  • Frequent delay or denial of medical care
  • The medical care that is authorized is inadequate.
  • Failure to provide financial compensation while you are unable to work
  • Retaliation or discrimination at the workplace

Filing a workers’ compensation claim should be a straightforward process. However, it is often a frustrating and problematic undertaking. Submitting a claim is an arduously long task with no set time table of completion. The management of the claim is left in the hands of others; the employer, the claims adjuster, the defense attorney for claims, and physicians who work for the insurance company. Case results are often unfavorable trusts the insurance to provide fair benefits.

The solution to this problem is simple: the quickest way to ensure a successful workers’ compensation claim for benefits is to promptly seek competent and experienced legal counsel. Handling a serious work injury claim in this complex and unfair system is exactly what the insurance desires. They will take advantage of your lack of knowledge and deny every benefit possible in order to increase profit.

Gain additional insight regarding the workers’ compensation filing process in order to ensure each and every body part that you have injured provides adequate medical care and that you receive every benefit to which you are entitled.

The Standard Process to Filing a Worker’s Comp Claim

A workers’ compensation claim begins when an employee reports injury or illness to their place of work. An injury should be reported as soon as possible to an individual in a supervisory capacity or Human Resources. The employee then goes for any necessary medical treatment from a designated medical provider. A workers’ compensation claim form or DWC 1 is filled out. It is vital to distinguish between an acute and cumulative injury when selecting your date of injury on this form.

Once a DWC claim form is completed and provided to the employer it is forwarded to the employer’s workers’ compensation who will then make a decision to accept, deny or delay acceptance of your claim pending investigation.

Filing a Workers’ Compensation Claim is Not Enough

Completing a DWC1 application is an important step to filing a claim. However, it is not enough to insure a successful claim. Submitting an application for adjudication of the claim is also necessary. This additional action will thereby preserve the statute of limitations to your claim. More importantly, a case number will be created and assigned by the Workers’ Compensation Appeals Board. In order to obtain a court hearing for a denied benefit, a case number must be obtained.

If You Are Denied for a Workers’ Compensation Claim

Unfortunately, filing a timely claim does not ensure that the workers’ compensation carrier will accept your claim. Insurance companies deny valid claims every day in the hope that the injured worker will simply give up and go away. Do not fall into this trap and simply give up. Obtain a free consultation from my office and fight back. Our firm has obtained substantial results on denied and delayed cases for over 34 years.

Contact an Experienced Workers’ Compensation Claim Attorney

Thomas M. DeBenedetto is an experienced workers’ compensation attorney in San Diego. His law firm has secured over $1 billion in financial and medical benefits for over 34 years. Clients have struggled and suffered from various job injury or illness such as:

Schedule a free consultation today. Contact the office of Thomas M. DeBenedetto on successfully filing a workers’ compensation claim for maximum compensation.