5 Mistakes That Can Dent Your Claim for Workers Compensation in Oakland

If you get injured at workplace you can easily file a workers compensation claim and all your pain and suffering would be put to an end. This is what most employees in Oakland and other parts of the United States tend to think. While California’s workers compensation law is meant to serve people who suffer injuries at workplace in letter and spirit, if you ask people who have filed claims you’d often hear stories of people suffering from red tape. The fact is there are thousands of people who are undercompensated or not compensated at all after they file their claims. Often it is lack of knowledge about the nitty-gritties of workers compensation in Oakland or casual attitude that results in being denied compensation. Here we look at five mistakes you need to avoid that can dent your claim –

1. Reporting Your Injury Late – If you have suffered an injury you should waste no time in officially informing about the incident to your employer. If there is an employee manual that offer you instructions about the same you should follow the steps and report it to supervisors or other concerned people. There are instances when you become aware of an injury at a later stage such as during visit to a physician. In such cases you should immediately bring it to the notice of the employer with documents from the physician.

2. Not Following Prescribed Treatment – The only person who has right to take a call on your treatment is your physician. After you suffer an injury you may need to visit a physician chosen by your employer. It is important for you to follow the prescribed treatment or seek consultation with other physicians if the treatment isn’t helping your cause. Avoiding prescribed treatment can deny you the compensation claim.

3. Not Filing the Claim on Time – Reporting your injury isn’t the same as fling your claim. Law concerning worker compensation in Oakland clearly states that you need to file a complaint within 30 days of suffering from the injury. Failing to do so would make you lose your rights as far as wage losses and medical benefits are concerned. Telling your employer about your injury isn’t the same as filing a workers’ compensation claim. Your employer has to provide you with a DWC-1 or Employee's Claim Form and you need to fill in all the relevant details.

4. Not Seeking Legal Advise – There are many people who avoid consulting an attorney specializing in workers compensation in Oakland as they don’t want to pay the fee to an attorney. Most of them have to live with the regret of not consulting an attorney. Your employer and their insurer would try every trick in the book to reduce your compensation and in worst cases they may completely deny your claim. A seasoned attorney would make you aware of your rights and also help you approach the whole process of filing for compensation methodically.

5. Signing Documents Without Legal Consultation – There are times when your employer might cajole you into signing some documents such as Termination petition or other types of legal agreements to deny you compensation. They may also try and trade your claim for some other benefits. As a rule you should never fall prey to any of these offers without consulting your attorney. They are the best people to advise you.

To sum up you should avoid these mistakes when you have to file a claim for workers compensation in Oakland. It is important for you to consult a reputable attorney specializing in this area as this will help you in earning the rightful amount of compensation.

Summary – In this write-up we look at five common mistakes while filing claims for workers compensation in Oakland and how these claims can be denied.

James Latimer is a lawyer in Oakland. He is a reader and music lover. He has keen interest in writing and sharing valuable information about workers compensation laws.