Do I need a worker's comp attorney?

Asked over 3 years ago - Huntington Beach, CA

I got hurt on the job in late April, worker's comp covered expenses until mid July. I was told my claim has been denied, but at the same time it hasn't been accepted or denied. Said they will re-evaluate after QME report. It doesn't make sense! As a side note 10 years ago I got hurt at the same job with a 12% permanent disability in my lower back.

Additional information

I have all the medical and physical therapy reports including the QME report who saw me supporting my claim with the history of my accident back in 2000 with the diagnosis of my injury.

Attorney answers (3)

  1. Michael J. Helfand

    Contributor Level 16
    Best Answer
    chosen by asker

    Answered . You have the right to choose to handle this on your own, but you have a greater chance at a better outcome if you hire an attorney. Find someone who handles workers' comp cases day in and day out. If you need a referral, let me know. I'd be happy to recommend someone in your area. Unlike the insurance company, a work injury attorney is there to look out for you. Insurance companies want to pay you as little as possible and deny your claim if they can find a reason. In other words, they're not on your side. Feel free to give me a call. 1-800-807-9530. Good luck.

  2. Brett A. Borah

    Contributor Level 20

    Answered . The short answer is "yes" you should get a good workers' comp attorney. There are plenty of them in the South Bay area. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in California who represent injured workers. Or you can call me for a referral.

    When you notify your employer of a work injury, they are supposed to notify their workers' comp insurance carrier. The carrier has 90 days from the time you notified the employer to investigate and either accept or deny the claim. That would explain the May-July time frame. If they don't accept or deny after 90 days, then the claim is deemed accepted. During the 90 day investigation period, they have to pay your medical bills, up to a maximum of $10,000.00. That would explain that they were paying your bills.

    Going to a QME is a major step in your case. You don't want to pick a QME specialty without consulting an attorney. You don't want to pick the QME without consulting an attorney. You should not go to the QME without consulting an attorney. You may do irreparable harm to your case at this stage.

    Good luck.

  3. Gerald Gregory Lutkenhaus

    Pro

    Contributor Level 17

    Answered . You should consult a Califorina WC attorney. It would be helpful if you had a medical report supporting your claim with the history of your accident and a diagnosis of your injury.

    THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.

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