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When to involve an attorney in your workers' comp claim

Workers' compensation benefits are supposed to provide financial relief during a stressful time for an injured worker through coverage of medical expenses and the payment of a portion of lost wages. There are times when obstacles arise, though, and in these cases, the right attorney can be very beneficial in aiding through the claim process.

Here are some circumstances where it may be wise to seek the advice of an attorney:

Employer issues

The California Division of Workers' Compensation provides a guidebook for injured workers, which specifies employees' rights and responsibilities in regards to securing and maintaining benefits. For those individuals in industries where modified work is available, employers must provide such opportunities. However, some employers may view the employees as ill-equipped or a possible liability and may desire not to keep them on staff. This may impede the employees' future earning ability once they heal. The right attorney can help to expose such dealings and get the employees back to work.

Improper medical care

Though doctors should work in the interest of the patient, sometimes they may have loyalties to the employer or the insurance provider. This may lead to physicians sending employees back to work early or failing to provide the proper scope of care. For employees who suspect this to be the case, or those who can show that their physician is not fulfilling services they request, an attorney can be a great asset in successfully winning a claim.

Benefit amount

Insurers are known for finding ways to decrease the amount of a benefit allocation. Whether it is decreasing the amount due to alleged pre-existing conditions, or simply not paying the right amount, there are a number of ways the benefits may be incorrect. An attorney can help to review the determination for the benefits and ensure that it is the correct amount.


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