Can You Cancel a Workers Comp Claim?

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Can You Cancel a Workers Comp Claim?

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Posted By DAM Firm | May 8 2019 | Workers Rights

Suffering an injury in the workplace can be damaging to your body and to your pocketbook. Luckily, California offers safety nets in the form of workers’ compensation to help you pay for your injuries and collect wages even after you take leave from work. However, not everyone wants to see workers’ compensation claims to the end. For one reason or another, you may want to cancel or withdraw your workers’ compensation claim. How can you go through with this process?

California’s Workers’ Compensation System

Workers’ compensation claims in California operate on a no-fault system. This means that you do not have to prove that your employer acted in negligence in order to receive compensation. All you need to prove is that you suffered an injury that was related to your work. If you suffered an injury on the job in California, you can claim compensation for the following damages.

  • Medical expenses associated with the injuries, such as medical appointments, travel to medical appointments, medications, surgeries, physical therapy, and other treatments.
  • Temporary disability payments, based on two-thirds of your average weekly wage for a maximum of two years after your injury.
  • Permanent disability payments, which occur when your injury affects your ability to go back to your job, or to work at all. The state determines how much you receive based on your disability.
  • Life pension payments if you suffer from a severe disability, which you can receive for the rest of your life.
  • Vocational retraining costs if you can no longer work in your old job and you cannot receive modified employment. This coverage pays for your education at approved schools.
  • Death benefits if you lost a spouse or parent due to a workplace accident.

Why Would You Cancel a Workplace Compensation Claim?

If you suffered an injury on the job in California, you may initially file a claim with your workers’ compensation insurance and later change your mind. People decide to cancel or withdraw their claims for a number of reasons. Perhaps you believe you do not have sufficient evidence to prove that your injury was work-related or maybe you believe that it is not serious enough to go through the workers’ compensation process for. Maybe you do not want to undergo this stressful process at all.

Whatever your reason for canceling a workers’ compensation claim, discuss your legal options with a Orange County workers’ comp attorney as soon as possible. Your attorney can discuss the facts of the case with you and help you determine if you could claim compensation based on available evidence, as well as find additional evidence. If the process is too overwhelming, your attorney can handle the litigation on your behalf.

How to Cancel a Workers’ Compensation Claim

If you want to cancel a workers’ compensation claim, you have the right to do so no matter where you are in the stages of filing. The process will depend on where you are in the case but usually involves the following steps.

  • First, send a written letter to the insurance company and your employer to let them know that you want to cancel your claim. You do not have to justify why you want to withdraw.
  • Wait 30 days for the company to respond to your letter. If you do not receive a response, you can prepare a motion for a request for dismissal.
  • Write your motion and make copies for your records. Mail the motion to the court that is hearing your claim.
  • Prepare a proof of service and have an outside adult witness sign the document and send it to court, as well as all other interested parties in your case.
  • Finally, wait 30 days to hear from the court. You may need to appear at a hearing to withdraw your claim.

If you suffered an injury in the workplace and want to cancel your workers’ compensation claim, contact a workers’ compensation attorney as soon as possible. You can discuss your options and learn more about the withdrawal process.

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