Insurance companies often avoid paying income benefits to injured workers even when a doctor has told the employee to take time off from work to heal. In some situations, the insurance company will pay an employee without an attorney getting involved. Many times, however, an employee must go to a hearing before an administrative law judge to force the insurance company to pay benefits.
The Workers’ Compensation Act allows employees who are totally disabled by a work injury to receive 2/3 of their average weekly wage or $575 a week (for an injury occurring on or after July 1, 2016), whichever is less. Workers who are temporarily partially disabled can receive up to $383 a week (for an injury occurring on or after July 1, 2016). Workers may also receive benefits if they are permanently partially disabled.
When you request a hearing against an incorporated employer or insurance company, those companies are required by law to hire attorneys to defend them. Often these attorneys are well versed in workers’ compensation law and are quite prepared to use their knowledge to deny you benefits. Before he began representing employees, Lee Biola represented insurance companies in workers’ compensation cases and is quite prepared to represent your interests before the administrative law judge.