What Are My Chances of Winning a Workers’ Compensation Claim?

You do not have to go down without a fight when the insurance company has denied your workers’ compensation claim. The experienced Riverside workers’ compensation lawyers at Heiting & Irwin, APLC can help you file for and get you the benefits you deserve.  And they don’t get paid unless you get paid.

California law gives you the legal right to challenge a claim denial. Ultimately, the power to determine whether you deserve benefits rests first in the hands of a Workers’ Compensation judge, and then possibly in a state court judge. Either way, you should promptly hire a workers’ comp lawyer for your claim to put you in the strongest possible legal position to make sure you not only obtain the benefits you deserve, but receive the best possible settlement.

Call the Inland Empire  workers’ comp lawyers at Heiting & Irwin at any time during your workers’ compensation claim when you need legal help or even if you just have a question regarding your claim. Consider retaining them to help you with your claim and settlement.  The Law Firm of Heiting & Irwin will feel honored if we are selected as your attorney of choice.

You Can Fight Back When Your Claim Is Denied

If you have received notice that the insurance company has denied your workers’ compensation claim, you are likely worried, angry, or both. You need benefits, both to keep paying your bills and to ensure that you get the medical care you need. But, the insurance company’s denial is not the final say over the rights that are guaranteed under California law. You can fight the insurance company to protect your rights and bring your matter before a Workers’ Compensation Judge.

The insurance company may deny your claim for many reasons, such as:

• They do not believe that you have suffered an injury
• The injury or illness was not work-related
• They think that you acted intentionally and consciously disregarded safety rules (even though workers’ comp is a no-fault system)

Don’t let this deter you.  Fight for your rights!

Your Lawyer Can Take Steps to Fight for Your Rights

If your claim has been denied, the one thing that you can do to strengthen your legal position is to hire an experienced workers’ compensation attorney. Your lawyer will begin work on your case immediately. The insurance company makes the initial determination about your claim, but their word is far from the final one.  Richard Irwin has been a State Certified Workers’ Compensation Specialist for decades!

Your lawyer may begin by having a conversation with the insurance company, their representative and/or their lawyer. In some cases, the denial may have been the result of a misunderstanding that can be resolved quickly. Either way, when the insurance company sees that you have hired an experienced lawyer (especially a specialist), they will know that  they can’t take advantage of you or rely on your lack of experience with legal matters.

Insurance companies know that there is a cost to them when you fight them through the legal system. Your workers’ comp lawyer works on a contingency basis, but the insurance company has to pay their attorneys, typically on an hourly basis. They also know that a Workers’ Compensation judge can award you benefits that will be over and top of what they have paid for their own legal costs.

The Odds of Winning Could Actually Be in Your Favor

Studies show that 50-70% of workers’ compensation claims that began as denials are ultimately converted to benefits. Thus, receiving an initial denial of your claim may just mean that you will need to fight to get what you deserve.

A workers’ comp lawyer in the Inland Empire will build your legal case in such a way that it can be presented, ultimately, to a judge. The insurance company has to have a reason why they denied your initial claim, and your attorney will work to address that immediately. Your lawyer will often work with medical experts and gather evidence to present your claim to the insurance company.

With the assistance of an attorney, you can reverse a denial:

• An attorney can persuade an administrative law judge with the Workers Compensation Appeal Board to overturn the denial by presenting them with evidence that you suffered a work-related injury.
• Likewise, an attorney can negotiate a settlement agreement with the insurance company that covers your medical expenses and pays you part or all of your benefits.

Either choice may take time, so it is imperative that you engage an attorney as soon as possible.  The stronger of a case that you present, the better position you will be in for settlement negotiations. The insurance company may have denied your initial claim, anticipating that they would avoid liability altogether, or at least be able to settle for less than what they otherwise would have paid. When you hire an experienced specialist workers’ comp attorney in Riverside, you can fight back effectively against the insurance company. It does not cost you anything out of your pocket to retain an attorney. Your workers’ compensation attorney is paid only if and when you win your case.

Contact a Riverside Workers’ Compensation Attorney Today

When you need assistance from an experienced Workers’ compensation lawyer, call Heiting & Irwin. We have been helping injured Californians since 1976, recovering over $500 million for our clients. Richard Irwin of Heiting & Irwin is a State Certified Workers’ Compensation Specialist with over thirty (30) years of experience representing injured workers and successfully defeating hundreds, if not thousands, of denials asserted by insurance companies.

Your initial consultation is always free. You can schedule time to speak to a workers’ comp lawyer by contacting us through our website or by calling us today at 951-682-6400. You owe us nothing unless you win.

Mike

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