Workers compensation lawyers work with either an employee who suffered an injury or illness directly related to his or her work or they will represent the insurer who has underwritten the insurance policy and are now facing a claim. In the majority of cases the insurer has an in-house legal staff so independent workers compensation lawyers in Garden Grove in most cases make sure the injured employee receives the compensation and benefits that they are eligible for. A workers compensation lawyer rarely pleads a case in court as the program is administered by the state.
Workers compensation is an alternative to the tort system of civil law and is mandatory in the US. Under the tort system of law an aggrieved individual can sue for damages, this is not the case with workers comp. Companies in the US that have more than a single employee are required to cover all employees with a workers comp insurance policy paid for by the employer.
As the injured worker is denied the right to sue under civil law, in the event of an injury or illness the worker must recover any and all damages through the workers compensation program that is in force at the employer. Looking at it through the eyes of the employee the benefit is that this system is “no fault,” the injured employee does not have to prove that the employer acted negligently. In the event of a work related injury, assuming the employee was not inebriated or under the influence of illegal drugs or was not in violation of a known company policy the insurer will cover all the costs associated with the injury including medical care, lost wages and compensation for a disability regardless of whether it is short term or permanent.
Although the system is no-fault there are still strict rules that must be followed in the event of a claim. The injured party must make a timely report to the company and undergo a medical examination. When the insurance company is in possession of the supporting documentation they determine if the injury really did occur at work.
There are many times when a perfectly valid claim for compensation will be denied by the insurance company. When this happens the employee can appeal the decision directly to the insurance company and should the appeal fail they can appeal to the state workers compensation board. The appeals are something that
should be handled by seasoned workers compensation lawyers in Garden Grove. The lawyers will present factual evidence to support the claim, proving there is no valid reason to refuse it.
The majority of applications for workers compensation are approved. In the event your application is denied then you should consider hiring workers compensation lawyers in Garden Grove to handle your appeal. You are invited to contact the Law Offices of Norman J. Homen or browse the site lawnjh.com for more information.