Claims Process

California workers’ compensation Claims Process

It is highly advisable that you inform your employer of your on-the-job injury as soon as it happens unless employer knew or should have known about the injury. If you do not inform your employer of your injury within a specified period, you may lose your right to file a California workers’ compensation claim. California workers’ compensation cases begin within one day of notification to your employer of your on-the-job injury. Your employer is required by law to provide you with a workers’ compensation claim form within one working day of learning of your work-related injury. It is essential that the form your employer provides be filled out completely and properly. The attorneys of Law Offices of Diana B. Berlin, A Professional Corporation can help ensure that you take the proper steps to initiate your California workers’ compensation claim.

Representing clients in workers’ compensation appeals

If the insurance company denies your initial application for workers’ compensation benefits based on one doctor’s analysis of your on-the-job injuries, you may seek a second and third opinion from doctors in your insurance network. If you are still denied workers’ compensation after three diagnoses, you may appeal to the California Division of Workers’ Compensation to provide an independent opinion. And if your employer disagrees with an insurance company’s decision, he or she has the right to appeal it to the California Workers’ Compensation Appeals Board to challenge the findings.

If you disagree with the compensation calculation, you may appeal directly to the California Department of Industrial Relations and present a formal appeal to a workers’ compensation administrative law judge at a formal hearing, presenting all the evidence available to you. The decision of the workers’ compensation judge at that stage in the process is usually final. However, you may file a Petition for Reconsideration within the allowable guidelines.

The appeals process is complex, and the attorneys of Law Offices of Diana B. Berlin, A Professional Corporation, will guide you through each step of the process to ensure that the correct decision is made.

The Los Angeles workers’ compensation attorneys of the Law Office of Diana B. Berlin are highly knowledgeable about California workers compensation regulations, and help you secure benefits and successfully make it through a difficult time. To meet with one of the firm’s attorneys, call us at 818-757-7292 or contact us online.