California Workers' Compensation Law: What Is California Workers' Compensation Procedure?

What is "workers' compensation procedure?" "Procedure" is the rules. Just like all sports have rules - - so does the law. And just like in sports - - if you don't know the rules how can you win the game? Here, a California Workers Compensation Attorney explains California Workers Compensation Procedure.

Under California workers' compensation law, procedure far outweighs and trumps justice. In California, the overriding consideration at every juncture in a workers' compensation claim is whether these difficult rules of procedure were followed. In other words, the rules of the "game" are more important than the outcome. Make no mistake about it - - the California workers' compensation system is designed so that if a party does not follow the rules - - they cannot prevail at trial.

Don't make the mistake of thinking that just because you have a legitimate California work injury - - everything will take care of itself and you will get all the benefits you are entitled under the law. California workers' compensation insurance companies depend on just that very attitude in padding their profits. Workers' compensation insurance companies will chew you up and spit you out for breakfast if you have this attitude. To the contrary. In California - - if you don't follow the rules (read: procedure) - - you will lose. Depend on it.

Workers' compensation procedure can be difficult and complex. The reader is cautioned that this is only an overview of Workers' Compensation procedure law.

In California, the Workers' Compensation Appeals Board ("WCAB") is the "trial court." Don't let the word "Appeals" fool you. It is not an appeals court/ appellate court. It is the trial court. The lowest level workers' compensation court - so to speak.

One rule you need to know is that evidence closes at the Mandatory Settlement Conference (MSC) This means that you have got to show up at the MSC with your evidence in order. Usually this means medical evidence. If you don't have your medical evidence ready at the Mandatory Settlement Conference, then you may lose your case on a procedural technicality. That is that procedure is - a series of technical rules.

Disclaimer

Make no mistake about it. When you are bringing a court case, your credibility is always at issue. Meaning, if you aren't believed - you aren't going to win. If you want to be believed - you have to tell the truth. It is the same with California workers compensation cases.

If you are a seriously injured worker in California - you are strongly advised to hire a California Workers Compensation Lawyer. Don't make the mistake of trying to represent yourself in a California workers comp case.

This article is not legal advice. Your case and/or situation may differ from those described herein. I am simplistic in order to achieve clarity.


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Bill Turley is a San Diego Workers Compensation Lawyer. He is the Highest Rated San Diego Workers Compensation Attorney by Avvo.com and the only City of San Diego Workers Compensation Super Lawyer.