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California Losing Workers' Compensation Benefits
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Are You Facing the Loss of Your Workers’ Compensation Benefits in California?
Goldberg & Loren can help you navigate through this challenging situation. As experienced workers’ compensation attorneys, we understand the complexity of the system and are here to fight for your rights.
Don’t let the loss of your benefits leave you in financial distress. With our expertise and dedication, we will work tirelessly to ensure you receive the full compensation you deserve.
Call Goldberg & Loren today at 1-800-731-4878 to schedule a consultation and take the first step toward reclaiming your workers’ compensation benefits. Our team is ready to advocate for you.
Losing Workers' Compensation Benefits in California
Benefits may be terminated in California when a worker has reached the maximum medical improvement (MMI). MMI refers to the point where the injured employee’s condition has stabilized, and no further significant improvement can be expected from medical treatment.
If the employee refuses suitable alternate work, the workers’ compensation benefits may be terminated.
When the insurance company or the employer suspects that the employee is exaggerating their injuries, malingering, or not making necessary efforts to recover and return to work, they may potentially terminate the workers’ compensation benefits.
The case must be presented before a workers’ compensation judge, who will make the final decision based on the evidence and testimony presented.
If the injured worker fails to attend medical appointments or follow the prescribed medical treatments, their benefits may be at risk.
There are 4.9 million workers compensation claims made each year by both private and government employees. [1]
How Can I Tell if a Request Has Been Filed to End My Workers' Comp Benefits?
The first indication that a request to end your workers’ compensation benefits has been filed is typically a notice or communication from the insurance company or your employer. This notice should clearly outline the reason for the request and provide any supporting documentation or evidence.
Another sign that a request has been filed to terminate your workers’ compensation benefits is a notice to attend a hearing before a workers’ compensation judge.
This hearing serves as an opportunity for both sides to present their arguments and evidence regarding the proposed termination. You should receive a notice in advance specifying the date, time, and location of the hearing.
What Happens if There is a Deliberate Delay in Workers' Compensation Benefits?
By dragging out the claims process, the insurance company or employer may be banking on the injured worker, becoming disheartened and deciding that it’s not worth the effort to continue fighting for the compensation they deserve.
In a California workers’ compensation case, an insurance company must pay penalties to an injured worker if it does not make timely benefit payments. The late payment penalty typically ranges from 10% to 25%, depending on the circumstance and reason for the delay.
Table of Contents
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Losing Workers' Compensation Benefits in California
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How Can I Tell if a Request Has Been Filed to End My Workers' Comp Benefits?
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What Happens if There is a Deliberate Delay in Workers' Compensation Benefits?
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What You Can Do To Stop Delay in Payment
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What Steps Should a California Employee Take if Their Workers' Compensation Payment is Delayed or Terminated?
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Contact a Workers' Comp Lawyer in California
Related Information
What You Can Do To Stop Delay in Payment
Seek guidance from our specialized workers’ compensation attorneys who focus on assisting individuals with workplace injuries. We possess the expertise to assess your case, offer legal counsel, and assist you in navigating the intricate claims process.
Our workers’ compensation lawyers in California can prove invaluable in addressing medical costs and addressing any loss of wages resulting from your injury.
If you believe that the intentional delay is a result of bad faith on the part of the insurance company, you may have grounds for filing a complaint with your state’s Department of Insurance or other relevant regulatory agency. They can investigate the matter and potentially take action against the insurance company.
The chances of returning to full employment after a six-month absence due to injury or illness is 55.4 percent. That drops to 32.2 percent after one year, and after two years away from work, the chance of ever returning to employment falls to 4.9 percent. [2]
What Steps Should a California Employee Take if Their Workers' Compensation Payment is Delayed or Terminated?
Familiarize yourself with the California workers’ compensation laws and your rights as an injured worker. This will help you navigate the situation more effectively and advocate for yourself.
Reach out to your employer and the claims administrator handling your workers’ compensation claim to inquire about the reason for the delay or termination. There may be a simple administrative error or miscommunication that can be resolved through open dialogue.
Consult with our experienced workers’ compensation attorneys who specialize in California laws. We will review your case, advise you on the best course of action, and represent your interests in negotiations or legal proceedings if necessary.
If you believe that your benefits are unreasonably delayed or terminated without valid cause, you can file a claim with the California Division of Workers’ Compensation. They can investigate your case and potentially take action against the claims administrator or employer.
Contact a Workers' Comp Lawyer in California
Are you someone who has recently lost your workers’ compensation benefits?
If you’re facing challenges with your workers’ compensation benefits in California, it may be time to consider contacting a California workers’ comp lawyer at Goldberg & Loren.
It’s frustrating to lose the financial support and medical coverage that you need after being injured on the job. That’s why Goldberg & Loren is here to help. We specialize in workers’ compensation cases and have a track record of successfully fighting for our clients to get the benefits they deserve.
We promise to assist you in understanding your legal rights, advocating for your best interests, and navigating and securing your workers’ compensation.
Contact Goldberg & Loren today to schedule a free consultation, and let us help you get the benefits you deserve.
Sources:
[1] How Many Workers Comp Claims Happen Per Year? 27+ Stats! (2023, February 4). Simply InsuranceTM. https://www.simplyinsurance.com/how-many-workers-comp-claims-per-year/
[2] Palmer, J. (2021, August 27). 35 workers’ compensation statistics every pro should know. Breeze. https://www.meetbreeze.com/blog/workers-compensation-statistics/
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