Common Questions About Workers’ Compensation Claims

Common Questions About Workers’ Compensation Claims

Work-related injuries aren’t reserved to any one profession or any one industry. While it’s true that certain jobs have a higher risk of injury, anyone can be hurt at work. If you have been injured on the job, you have a legal right to receive workers’ compensation benefits to cover medical bills, lost wages, and other expenses. Although you are not required to have legal representation when requesting workers’ compensation benefits, having a skilled attorney on your side will only increase the likelihood that your request is approved and you receive every penny you deserve. Before you request a consultation with a workers’ comp lawyer in San Jose, read through these general FAQs to learn more about your options.

Q: Can My Employer Dispute My Workers’ Comp Claim?

A: Yes, employers (and their insurance providers) routinely try to dispute claims for workers’ compensation in order to save money. Your employer may attempt to dispute your claim on any number of grounds, which is why you should hire an attorney so you’re ready to fight if need be.

Q: What Happens If My Claim Is Denied?

A: If you receive notice that your workers’ compensation claim has been denied, your lawyer will request a hearing with the state workers’ comp board to appeal the decision in your favor. Workers’ compensation claims can be denied for any number of reasons, and the appeals process can be very difficult to navigate on your own. With an experienced workers’ comp lawyer on your side, you’ll have nothing to worry about should your initial claim be denied.

Q: Can I Sue My Employer for My Injury?

A: Under normal circumstances, workers are not allowed to receive workers’ compensation benefits and file a lawsuit against their employers for work-related injuries. However, there are a few limited circumstances which allow you to file a lawsuit against your employer in a civil court. You may also stand to gain more by bringing a personal injury suit against your employer instead of receiving workers’ compensation benefits, so be sure to discuss this in detail with your San Jose attorney.