Workers' Compensation Case Process in Bakersfield

Sustaining injuries in the workplace does not automatically mean you can receive compensation. To receive the compensation you deserve, you must follow a specific process and make informed legal decisions.

An experienced attorney from LNN can explain the workers’ compensation case process in Bakersfield and guide you through each of the stages. In some situations, you may also be able to file a personal injury lawsuit in addition to the workers’ comp claim.

Notifying the Employer

The process of claiming workers’ compensation in Bakersfield begins with notifying the relevant parties. You have 30 days to let the employer know about your injuries. If you miss this deadline, the employer’s insurance company may refuse the claim. The closer you get to the 30-day deadline, the harder it may be to receive compensation. Such actions challenge the claim’s validity because they create doubts that your injuries were sustained at work.

The employer has one day after receiving the notification to give you a claim form. While you have a year to fill it out, waiting hurts your case and delays the compensation. You must fill out the form and turn it over to the employer, who will pass it to the claims administrator. Make sure to make a copy of a filled-out form and demand a copy of the signed version from the employer.

Claim Acceptance or Denial

If the claims administrator accepts the claim, you can receive compensation. Benefits may include:

• Medical care: Doctor visits, hospital treatment, medications, surgeries, and rehabilitation.
• Temporary disability benefits: Partial wage replacement if you cannot work while recovering from your injury.
• Permanent disability benefits: Compensation for lasting impairments that reduce your ability to work long term.
• Supplemental job displacement benefits: A voucher for retraining or education if you cannot return to your previous job.

The claims administrator may deny your claim if they believe the injury is not covered by workers’ compensation. Once you receive the denial letter, you can appeal the decision. For that, you have to request a hearing with your local Workers’ Compensation Appeals Board judge. The judge can either make a decision during the hearing or send the case to trial.

Requesting and navigating the denied workers’ comp case process in Bakersfield requires a large amount of paperwork and legal knowledge. Our attorney can help you handle this process and fight for your right to compensation.

Filing a Personal Injury Claim

If your injury was caused by a third party (not the employer), you have the right to file a personal injury lawsuit in addition to the workers’ comp claim. The personal injury claim filing differs from the workers’ comp process in Bakersfield. You need to collect evidence, prove negligence, and negotiate for a fair payout with the insurance company or proceed to court.

While proving your right to compensation is complicated, you can receive more benefits than you would in a workers’ comp case. You can prove your eligibility for full lost wage compensation as well as pain and suffering.

Discuss Your Workers’ Compensation Case Process with Our Attorney in Bakersfield

The workers’ compensation case process in Bakersfield has many complex legal elements. Many employees do not receive fair payments, or worse, face denials. To receive the money you deserve, you need to work with a skilled lawyer from the start.

LNN has significant experience with workers’ compensation and personal injury cases. We can help with filing claims, demanding compensation, and appeals. Contact us to discuss your case today.