In 2019 almost 900,000 workplace injuries occurred which resulted in days off work. If you are injured on the job do you know what to do next? We will discuss the steps you need to take to ensure you get the benefits you deserve.
The rules for workers’ comp in California states that every business that has at least one employee is required to carry workers’ comp insurance.
Another thing to note is that California has a “no fault” workers’ comp law. It doesn’t matter if it was your fault the accident occurred or the workplace. So do not be held back from submitting a claim because it was you who caused the accident to occur.
This insurance is paid by the company and is not paid for by the employees like health and life insurance. This covers the company in the event of a workplace injury.
Key Actions to Take InitiallyWhat To Do First
If you are injured on the job and require immediate medical attention – seek that first. Inform the doctors taking care of you that you sustained the injury from your job so that they are able to make note of it for the insurance company.
The first step to filing a claimis to report the injury to your employer.
It is important to do this within 30 days of your injury but report as soon as you possibly can or your claim might not go through and you’d lose your benefits.
Filling the Claim
The next step in the process is filing the claim. Within one business day of reporting the job injury to your employer they are required to give you a workers’ compensation claim to fill out. They will also inform you of benefits, your rights, how to file the claim and any other pertinent information pertaining to the workers’ comp process
The form you will receive is called the DWC – 1. You are also able to download it from the California Workers’ Compensation website.
Once your section of the form is filled out in its entirety you will love it to your employer and that will fill out their portion and then submit it to the insurance company.
What Happens Next
After you file the claim the insurance company has 90 days to accept or deny. While the claim is pending and being investigated, the insurer must authorize and is responsible to pay for up to 10,000 dollars in medical bills.
Once your claim is accepted you will receive benefits based on the type of claim you’ve submitted
Benefits
The benefits you receive are based on what type of claim you filed. There are 4 types of workers’ compensation claims.
Medical Treatment Only
Medical Treatment with Lost Time
Medical Treatment and Injuries that Prevent the Employee from Return to their Pre-injury Job
Medical Treatment & Injuries that Prevent the Employee from Returning to Any Type of Work
Any injury sustained at work whether it’s overtime like carpal tunnel or back issues or immediate like breaks or catastrophic injuries, you deserve the benefits you’re entitled to. Here at Visionary Law Group we are expert attorneys in the workers’ comp process. We serve employees in Long Beach and throughout Southern California. Don’t lose out on the benefits you deserve, let us help you while you heal. Call us today to schedule a free consultation.
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Should I get a lawyer if I got hurt at work?
If you've been injured at work in California, it is advisable to consult with a workers' compensation attorney. Legal assistance can help ensure you receive the benefits you are entitled to under the state's workers' comp laws. Contact Visionary Law Group for expert guidance through the claims process.
What happens if I get injured outside of work?
If you get injured outside of work, you typically wouldn't be covered by workers' compensation insurance since the injury didn't occur during work hours or on the job site. In this case, you may need to rely on other forms of insurance like health or personal injury insurance to cover medical expenses. However, specific circumstances may warrant legal advice to explore other potential avenues for compensation.
What are my rights after a work injury?
After a work injury in California, you have the right to file a workers’ compensation claim. The process involves reporting the injury promptly to your employer, filling out the DWC-1 form, and receiving benefits based on the type of claim filed. It's crucial to act within 30 days to secure your entitled benefits.
How do I report a workplace accident?
If you are injured at your job, report the workplace accident to your employer within 30 days. Receive a workers’ comp claim form (DWC-1) to fill out within one business day. File it as soon as possible to avoid losing benefits.
Can workers compensation deny my claim?
Workers' compensation can deny your claim for various reasons, including failure to report the injury promptly, lack of evidence supporting the claim, or if the injury is not work-related. It's crucial to follow the necessary procedures and seek legal advice if your claim is denied.
Who covers medical expenses for work injuries?
In California, workers' compensation insurance typically covers medical expenses for work injuries. The benefits vary based on the type of claim filed, such as medical treatment only, treatment with lost time, or injuries preventing return to work. It's crucial to report injuries promptly to access these benefits.
Are work injuries covered by employer insurance?
Work injuries are covered by employer insurance through workers’ compensation in California. Every business with a single employee must provide this coverage, ensuring employees receive benefits for medical treatment and lost wages resulting from workplace injuries.
What compensation is available for work injuries?
Workers' compensation benefits in California vary based on the type of claim filed: Medical Treatment Only Medical Treatment with Lost Time Medical Treatment and Injuries Preventing Return to Pre-injury Job Medical Treatment & Injuries Preventing Return to Any Work
How long can I claim after an injury?
In California, you should file a workers' compensation claim within 30 days of the injury. Report as soon as possible to avoid issues. Your employer will provide a DWC-1 form within one day of notification. Missing the deadline could result in losing benefits.
What if my work injury is permanent?
If your work injury in California is permanent, you may be eligible for workers' compensation benefits that address long-term disability or inability to return to any type of work. These benefits will be determined based on the severity and permanency of your injury, helping you secure financial support.
Does OSHA investigate all workplace injuries?
OSHA does not investigate all workplace injuries. They primarily focus on significant injuries, fatalities, complaints, and situations that pose a serious risk to workers' safety and health. Employers are required to report severe injuries or illnesses, leading to OSHA investigations.
Can I sue for unsafe working conditions?
If you believe your employer is providing unsafe working conditions, you have rights to explore legal options. Consider contacting an attorney familiar with employment law to discuss potential actions. Remember, workplace safety is crucial, and legal recourse may be available.
Are emotional injuries covered by workers compensation?
Emotional injuries can be covered by workers' compensation in California if they are directly related to the workplace. These types of claims often require thorough documentation and evidence to support the psychological impact of the incident. It's crucial to consult with a knowledgeable attorney to navigate the complexities of emotional injury claims under workers' compensation.
What if Im a contractor injured at work?
As a contractor injured at work, you may still be eligible for workers' compensation benefits depending on your specific situation. It is crucial to report the injury to your employer promptly and seek legal advice to navigate the claims process successfully.
How does FMLA work with work injuries?
The Family and Medical Leave Act (FMLA) may run concurrently with workers' compensation for work injuries. An injured employee may be eligible for job-protected leave under FMLA while receiving workers' compensation benefits. The employer must inform the employee if the leave taken is considered FMLA-protected.
Can I be fired after a work injury?
In California, it is illegal for an employer to fire you in retaliation for filing a workers' compensation claim or sustaining a work injury. If you believe you were wrongfully terminated due to your injury, seek legal advice to protect your rights.
What benefits do part-time workers get when injured?
Part-time workers are entitled to workers' compensation benefits when injured on the job in California. Benefits vary based on the type of claim filed, including medical treatment only, treatment with lost time, injuries preventing return to pre-injury job, or injuries preventing any work. It's crucial to report injuries promptly to secure benefits.
Are repetitive stress injuries covered by workers comp?
Repetitive stress injuries like carpal tunnel syndrome are typically covered by workers' comp if they are work-related. Employees who develop these injuries from the nature of their work tasks may be eligible for benefits under workers' compensation insurance in California.
How does a pre-existing condition affect my claim?
Having a pre-existing condition can impact your workers' comp claim in California. It may affect the evaluation of your injuries and benefits. Discussing this with an attorney from Visionary Law Group can help clarify how it may impact your case.
What if my employer doesnt have workers comp?
If your employer doesn't have workers' comp insurance in California, you can still file a claim through the state's Uninsured Employers Benefits Trust Fund (UEBTF). This fund provides benefits to employees of illegally uninsured employers. Contact the California Division of Workers' Compensation for guidance and assistance in these cases.
Can I choose my own doctor for treatment?
In California, you have the right to choose your own doctor for initial treatment in workers' compensation cases. However, it is crucial to ensure that the chosen doctor is within the medical provider network approved by your employer's insurance carrier for ongoing treatment to be covered.
What if my injury worsens over time?
If your injury worsens over time after filing a workers' compensation claim, you should seek medical attention promptly and inform your employer and the insurance company. You can potentially request modifications to your benefits or seek legal advice if needed.
Are workplace injury settlements taxable income?
Workplace injury settlements are typically not taxable income as they are considered compensation for physical injuries or sickness. However, any portion designated for emotional distress or punitive damages may be taxable. It's advisable to consult with a tax professional for accurate guidance on the tax implications of your specific settlement.
What deadlines apply to workplace injury claims?
You must report workplace injuries within 30 days. It's crucial to inform your employer immediately after the incident to avoid claim denial and loss of benefits. They must provide a workers' compensation claim form within one business day for submission.
Can I appeal a denied workers comp claim?
If your workers' comp claim has been denied, you have the right to appeal the decision. To appeal a denied claim, you must follow the specific procedures outlined by the California Workers' Compensation system. This typically involves submitting a formal appeal within a specified timeframe and providing additional documentation or evidence to support your case. It's advisable to seek assistance from experienced workers' comp attorneys, like Visionary Law Group, to navigate the appeals process effectively and increase your chances of overturning the denial.
What if I was injured during a break?
If you were injured during a break at work, you may still be eligible to file a workers' compensation claim in California. The key factor is that the injury occurred during work hours on the employer's premises. It's important to report the injury promptly and follow the necessary steps to ensure you receive the benefits you are entitled to based on the type of claim filed.
Can I claim compensation for work-related stress?
Yes, you may be able to claim workers' compensation for work-related stress if it has caused a mental health condition. It's essential to document your stress, seek medical help, and consult with an experienced attorney to navigate the process effectively.
Is it mandatory to report all workplace injuries?
In California, it is mandatory to report all workplace injuries within 30 days to qualify for workers' compensation benefits. Even though it is crucial to report as soon as possible, failing to do so promptly could jeopardize your claim and benefits.
How does returning to work affect my benefits?
Returning to work can impact your benefits. If you return to your pre-injury job, your benefits may change based on your earning capacity. If you try to return to work but cannot continue due to your injuries, you may still be eligible for benefits. Regular communication with your employer and medical provider is essential.
Can I receive benefits for partial disability?
Yes, you can receive benefits for partial disability through workers’ compensation claims in California. Depending on the extent of your injury, you may be entitled to compensation for partial disability, which is typically determined based on medical assessments and how the injury impacts your ability to work.
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