If you have suffered a workplace injury or illness, you may be entitled to receive certain benefits through your employer’s workers’ compensation insurance provider. Unfortunately, these legal matters can be complicated, and there are reasons why a claim needs to be canceled. You may be wondering, “How can I cancel a workers’ comp claim in Orange County?” At Diefer Law Group, our attorneys have the experience necessary to answer this question.
When you sustain a work-related injury or illness, the state of California offers you a safety net by requiring all employers to carry workers’ compensation insurance. Many times, after suffering a work injury or illness, the medical costs can start piling up, and you could be out of work without the ability to earn a wage.
This can put immense amounts of financial and mental stress on your shoulders. However, there are situations where you have reason to cancel your claim.
The Reasons for Workers’ Compensation in California
In California, there are several reasons why an individual might wish to seek assistance through workers’ compensation insurance. These can include suffering an accident at your job that leaves you injured or dealing with an illness. These accidents can happen at virtually any worksite, from a construction site or industrial site, to a simple slip and fall accident while walking into the office.
Some of the most common kinds of accidents that result in the need for workers’ comp include:
- Pushing, lifting, or pulling heavy objects
- Falling from great heights
- Being struck by a falling object
- Repetitive motion
- Defective products or machines
- Slips, trips, or falls
- Exposure to toxic chemicals or dangerous substances
- Exposure to long noises for a lengthy period
- Vehicle collisions
- Fights and assaults
Some of the most common injuries and illnesses caused on the job can include:
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones or fractures
- Lacerations
- Bruising
- Cuts
- Injuries requiring amputation
- Crushing or pinning injuries
- Hearing loss
- Strains or sprains
- Puncture wounds
- Nerve damage
- Soft tissue damage
- Internal organ damage
- Tendonitis
- Cancers
- Repetitive motion injuries such as carpal tunnel syndrome
- Respiratory diseases
These conditions and more can cause you to file a claim for workers’ compensation insurance coverage. However, there are many reasons why you may wish to cancel this claim, and you can do so with the assistance of legal counsel.
Why You Might Cancel an Orange County Workers’ Comp Claim
There are several reasons you might seek to cancel your workers’ compensation claim with your employer’s insurance provider. These can include the following:
- Your injury or illness turns out to be less severe than originally thought, and the process of workers’ compensation is not worth it.
- You do not have the necessary evidence to back up your claim that the injury or illness is work-related.
- Your injury occurred during a violation of company policy, making you ineligible to receive benefits through workers’ compensation.
- You may elect to file a personal injury claim against your employer instead of a workers’ compensation claim if you discover that your injury was caused intentionally by your employer.
How to Cancel Your Claim for Workers’ Compensation
If you wish to cancel your claim for workers’ compensation through your employer’s insurance provider, there are several steps you should ensure are properly taken. Missing even one of these steps can harm any future claim you might be able to bring forward. Depending on which step you are taking in the process, canceling your workers’ compensation can look different from another individual.
However, this process typically includes multiple steps:
- Write a formal letter to your employer as well as their worker’s compensation insurance company, informing them of your desire to cancel your claim. Do not provide the reason for the cancellation.
- There is a set number of days the insurance company has to issue a response to you. If they do not respond within this amount of time, you can begin to prepare your motion for a dismissal request.
- Before mailing in your motion for a dismissal request, keep a copy of all paperwork for your own records, and then mail in your motion.
- Wait a certain amount of time for the courts to respond. You should receive a reply saying that your claim is canceled, or you will be requested to appear at a hearing where your claim will be officially withdrawn.
An experienced workers’ compensation attorney can help you through each of these steps.
FAQs
Q: How Can an Attorney Help Me Withdraw My Workers’ Comp Claim in California?
A: Before you file a motion to cancel your claim, it is wise to speak with legal counsel who can review your case and offer their informed opinion on what course of action you should take. A lawyer could gather the evidence you need to prove your case, and therefore, you would not need to cancel your claim.
Q: What Forms of Compensation Are Available for Workers’ Comp in California?
A: There are several forms of compensation you may be entitled to from workers’ compensation benefits in California. The benefits you could receive are ultimately dependent on the nature and severity of your illness or injury. Most benefits include those for lost wages, the loss of the future ability to earn, medical expenses, temporary disability benefits, and even permanent disability benefits.
Q: What Is the 90-Day Rule for Workers’ Comp in California?
A: In California, your employer’s insurance provider has exactly 90 days to respond to your claim for workers’ compensation. If they do not respond within this given timeframe, your case is automatically approved, and you can begin drawing the necessary benefits for the damages you have suffered while waiting for their reply.
Q: Can an Employee Be Terminated While on Workers’ Comp in California?
A: Yes, an employer can terminate an employee while they are on workers’ compensation, but only for a legitimate reason, such as company downsizing or poor job performance. An employer is not allowed to fire any employee as an act of retaliation when that employee is only exercising their state and federal rights, such as seeking assistance following a work-related injury or illness.
Speak With an Experienced Workers’ Compensation Attorney Today
If you want to seek a dismissal of your workers’ compensation claim for any reason, you should ensure that you have legal counsel on your side, as these can be complicated legal proceedings. The attorneys at Diefer Law Group can help. Contact us today to schedule your free consultation and learn more about our legal services.
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