A worker who wants to file a workers’ compensation claim in court in California can do so through their legal representative or they can do it themselves (in pro per). In most cases, injured employees choose to have professional representation before the Workers’ Compensation Appeal Board (WCAB). This is common because the employer’s insurance company is certain to retain the services of an attorney and the employees get one as well just to level the playing field.
Moreover, the process itself can be complicated and disorienting to a non-professional. A skillful and experienced lawyer at the worker’s side will maximize the chances of a successful outcome. A lawyer is able to confidently navigate the court procedures and processes.
Most employees who file the lawsuit in pro per end up hiring an attorney before the case is resolved because issues that are too complex for them emerge.
Filing a California workers’ compensation claim with your lawyer
After you have chosen your legal representative and signed an agreement about representation, the attorney will decide when to file your claim. This is done by filing an Application for Adjudication of Claim at the local WCAB district office in the county where the claimant resides or where the law office is located. Sometimes a new Primary Treating Physician (PTP) is chosen after filing the claim. However, the order of these actions isn’t fixed and the claimant’s attorney decides which strategy to employ.
Another benefit of having professional legal representative is that they will take care of all the administrative work – meaning, you don’t have to worry about having improperly filled out a form or having missed a deadline.
Filing a California workers’ compensation claim without a lawyer
There are claimants who choose to represent themselves in a court of law. In the beginning, many see this as a good idea. They think they will save money that way, which would compensate for the lack of skills and knowledge. However, they oversee the fact that the chances of achieving a positive outcome in their claim are significantly higher when they are represented by a professional at law. Bear in mind that some law firms work on a contingent fee, which means that the claimant only pays if the case is won to their advantage. Another thing is that an injured worker with a representative attorney can focus on getting better and doesn’t have to expose themselves to the strain of leading their case.
Consult Workers’ Compensation Attorney Group in Los Angeles
If you or someone close to you has been injured while performing job-related duties, don’t hesitate to contact the expert attorneys at Workers’ Compensation Attorney Group in LA. We are always available for a free consultation without any pressure or obligation for you to choose us to represent you. If you decide to retain our services, we would like to note that you only pay if you recover compensation. There’s really nothing to lose if you call us – so fell free to do that right away!