Workers who suffer an injury or illness while they are on the job and performing a job duty can file a workers’ compensation claim to recover various benefits. However, under certain circumstances, the California Division of Workers’ Compensation may deny a worker’s claim for benefits. There are several reasons why this might happen. One of the most common reasons why the Division of Workers’ Compensation denies a claim for benefits is that the injured worker is an independent contractor rather than an employee. At other times, the injured worker might not have suffered his or her injury while performing a job function. For example, the worker might have been going to or coming from work at the time the accident occurred.
If you are eligible for benefits, a knowledgeable OC workers’ compensation attorney near you could assist you with filing your benefits claim, and if necessary, appealing a claim denial. Your lawyer will be your advocate at hearings and will do everything possible to maximize the benefits that you recover during your workers’ comp proceedings.
Employee versus Independent Contractor
Employees who suffer an injury or illness while they are at work are eligible for workers’ compensation benefits, while independent contractors are not. Employees receive a W-2 form at the end of a tax year, and employers typically regulate their schedules, hours, and salaries. Independent contractors, on the other hand, have much more flexibility when it comes to setting their work hours and fees. Moreover, independent contractors receive a 1099 form at the end of a tax year.
Employers in California are supposed to carry workers’ compensation insurance for the benefit of their employees. That way, if a worker becomes ill or suffers an injury while they are on the job, there is insurance coverage in place to cover the worker’s medical bills and other related damages.
Appealing a Workers’ Compensation Claim Denial
If you have suffered a work injury as an employee, it is important that you get a knowledgeable California workers’ compensation attorney on board in your case as soon as possible. In addition to determining your eligibility for filing a workers’ comp claim in the first place, your attorney can actually file the claim on your behalf and pursue the benefits that you deserve if you are eligible.
In some instances, the California Division of Workers’ Compensation will deny a claim for benefits. When that happens, under certain circumstances, your lawyer might be able to assist you with appealing that claim denial. Your attorney could then file the appeal in the court system and try to get your workers’ comp claim reinstated.
Workers who suffer injuries on the job can be eligible for several types of benefits, including recovery of related medical expenses, compensation for a portion of their lost wages, permanency benefits, and under certain circumstances, vocational rehabilitation benefits. Your workers’ comp attorney in California will do everything possible to maximize your compensation and get you the damages you deserve.