When you are injured as a result of someone else’s negligent actions, you deserve to be properly compensated for your injuries. You are entitled to your safety when you enter your place of work, and our California workers’ compensation team outlines what you need to know about defending your rights below.
What is Covered Under Workers’ Compensation?
Some of the most common injuries covered by workers’ compensation in California are car/truck accidents, falls, or accidents while lifting or moving objects. Almost all injuries or illnesses stemming from the workplace are eligible for workers’ comp benefits, including one-time accidents, cumulative injuries, and illnesses from out-of-the-job environments or work tasks.
Successful claims can cover some or all of the following benefits:
Healthcare and medical expenses. The hospital bills from an unexpected injury or illness can be extremely costly and overwhelm you with debt. If your workers’ compensation claim is successful, you are not held responsible for paying these expenses.
Temporary disability. If you are able to return to work after receiving medical treatment, your employer is required to reasonably accommodate you or provide alternative tasks while you remain injured. If these accommodations are unavailable to you, or if you are unable to return to work at all, you will likely be entitled to payments for temporary disability.
Permanent disability or impairment. After filing your claim, your injuries will be assessed and given a certain rating. This rating determines the number of job opportunities you will no longer be able to pursue due to on-the-job injuries that have made a permanent impact on your physical state, and will be given proper compensation for those lost opportunities.
Filing a Claim
As soon as you are injured or know that a work-related illness has developed, you should notify your employer. Unless it is a medical emergency, you should do this before seeking medical treatment, as your employer may refer you to a physician who is part of their provider network.
This is important because if you fail to report your injury within 30 days, you may lose your right to collect benefits.
After you have obtained treatment, you must fill out DWC (Division of Workers' Compensation) Form 1 and give it to your employer, who will then give it to their workers' compensation insurance company. An Application for Adjudication of Claim must also be filed within one year of your injury to officially file your worker's comp claim.
There are several other forms you need to file with the Application for Adjudication of Claim, and the team at The Sexton Law Firm can make sure there are no errors in your documentation.
When you have already suffered an injury on the job, a denied claim can make things even more difficult to back to work. There are three main reasons why a claim may be denied:
- Your injury was not reported within the proper time limit (30 days).
- Your employer disputes your claim, stating that your injury was the result of your own actions or negligence.
- You did not seek medical treatment. Without establishing a record for your treatment, the ability to prove your claim becomes increasingly difficult.
Even if your claim is denied, there are still options available for your recovery. Our experienced team can help guide you through the appeals process and ensure your voice and story are heard to get you the help you need.
Contact Our Workers’ Compensation Team Today
We understand how overwhelming and stressful a work-related injury can be. With the ability to work and provide for yourself and your loved ones seemingly taken away, we can help ensure you are given the chance you deserve to get back on your feet.
If you would like to learn more about how we can help you before, during, and after your workers’ comp claim, contact us today through our website or give us a call at (619) 202-8976 to schedule your consultation today!