Process of Workers' Compensation

Learn How to File a Workers' Compensation Claim in California with Andrew B. Shin

If you need to file a workers' compensation claim or have received a claim denial, our experienced staff at the Law Offices of Andrew B. Shin in San Jose can show you where to begin. We handle the details while you focus on healing from your injury.

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Ask our San Jose lawyers to guide you through how to file a workers compensation claim. Schedule your free consultation online or by giving us a call at (408) 709-7317.

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An injury that occurred while performing duties for your job, or an injury that happened because of your job, qualifies you for filing a claim. These injuries can include both physical and mental ailments.

Types of injuries we have represented for workers' compensation claims include:

• Agricultural injuries
• Back injuries
• Wrongful death
• Catastrophic injuries
• Electronics assembly injuries
• Knee and ankle injuries
• Toxic exposure
• Neck injuries
• Other personal injuries
• Repetitive stress or cumulative trauma injuries

Act Quickly to Avoid Claim Denial

In the event of a work-related injury, contact our workers' compensation attorneys immediately. We make sure your paperwork gets in on time and is filled out correctly. We show you how to file that claim with your employer and advise you honestly as to whether or not you are likely to receive benefits as a result of your claim.

Most importantly, we work with you to make a detailed record of how the injury happened and the specific parts of your body or mind that have been affected. We value precise record keeping, as it adds strength to your claim.

Workers Compensation Fraud

Most people imagine workers’ comp fraud as an employee faking or exaggerating an injury in order to claim benefits, but did you know employers and even healthcare providers can participate in this kind of fraudulent activity as well?

• Employee Fraud- Although this type of workers’ comp is usually simple, some employees create complex schemes to fake their injuries. After an alleged injury to her neck and shoulders, a woman claimed pain so severe it prevented her from working. While she was collecting workers’ comp insurance, the woman was filmed riding in two different rodeo competitions.
• Employer Fraud- The most common type of employer fraud comes from employers trying to minimize their insurance premiums. They do this by making false claims about the nature and safety of their work environment, or by denying the existence of employees altogether. In California especially, companies frequently misclassify workers as independent contractors to avoid providing workers’ comp benefits.

• Healthcare Provider Fraud- According to the California Department of Insurance, medical professionals can commit workers’ comp fraud by creating false or exaggerated claims, providing unnecessary treatments, and “over-prescribing harmful and addictive drugs.” When providers engage in this kind of behavior, they become white-collar criminals. In the most newsworthy stories, multiple parties are involved in out-of-this world conspiracies with false referrals, kickbacks, and even nonessential surgeries.

Know Your Rights & the Responsibilities of Your Employer

After receiving your claim form, your employer must respond promptly. As your experienced San Jose workers' compensation attorneys, we can advise you as to whether or not you can seek treatment before your employer has approved payment for your claim.

Our clients trust us to aggressively represent their interests through every step of the process. We advocate for you to your insurance companies as well as your employer, if need be. You deserve a compassionate, experienced attorney pursuing your claim on your behalf.

Contact us to begin working with our team today. We offer free consultations!