If you are injured on the job in California, you could be entitled to workers' compensation benefits. Workers' compensation is a kind of insurance that provides benefits to employees who either suffer injuries or become ill as a result of their job.
Workers' compensation benefits can include medical treatment, temporary disability benefits, permanent disability benefits, and death benefits. If you are injured on the job, you must report the injury to your employer within 30 days.
You will then be given a workers' compensation claim form to fill out. Once you file a claim, the insurance company will have 90 days to investigate the claim and make a decision.
If your claim is denied, there are numerous procedures that may be exercised in order to reverse their decision.
As a worker with a workers' compensation claim, you have certain rights. These rights include:
- The right to choose your own doctor
- The right to be treated for your injury without discrimination
- The right to receive benefits for your injury
If you have questions about anything relating to workers' compensation, you should contact an attorney specializing in workers' compensation law. A workers’ compensation attorney will help you better understand your rights and also file a claim if necessary.
If you develop a work-related illness, you may be entitled to workers' compensation benefits. The same time limits and procedures apply to work-related illnesses as they do to injuries.
If an employer does not maintain workers' compensation insurance, you could still be entitled to benefits. You can file a claim with the Uninsured Employers Benefits Trust Fund.
An employer cannot fire a person for filing a workers' compensation claim. If you happen to be fired for filing a claim, you could be entitled to additional benefits.
There are two main types of settlements available in California workers' compensation cases: stipulations with request for award (S&R) and compromise and release (C&R). With an S&R, you receive benefits over time, but you are able to reopen your claim if your condition worsens.
With a C&R, you receive a lump sum payment, but you cannot reopen your claim (except in very limited situations). Filing a workers' compensation claim can be a complex process, and there are a number of common mistakes that people make.
These mistakes can have a significant impact on the outcome of your claim, so it is important to be aware of them. Some of the most common mistakes people make include:
- Failing to report the injury to their employer in a timely manner. You must report your injury to your employer within 30 days of the date of injury. Failure to do so could result in your claim being denied.
- Allowing their employer to choose their doctor. You have the right to choose your own doctor to treat your work-related injury. If you allow your employer to choose your doctor, you may not receive the best possible care.
- Failing to follow through with recommended treatment. It is important to follow through with the recommended treatment for your work-related injury. If you do not, your claim could be denied.
- Not requesting a second opinion or appealing to a qualified medical evaluator (QME). If you are not satisfied with the treatment you are receiving, you have the right to request a second opinion from another doctor. You can also appeal the decision of the QME if you disagree with their findings.
- Accepting an initial settlement offer without consulting an attorney. It is important to consult with an attorney before accepting any settlement offer. An attorney can help you completely understand your rights and negotiate the best possible settlement for you.
If you have been injured in a work-related accident, it is important to be aware of these common mistakes and to take steps to avoid them. By doing so, you can increase your chances of having your claim approved and receiving the benefits you deserve.
Keep good records of your injury. This includes things like medical bills, doctor's notes, and any other documentation that is related to your injury.
Be clear and concise when describing your injury. The more detailed you are, the easier it will be for the insurance company to understand your claim.
Be persistent. It may take some time for your claim to be approved, so it is important to be persistent and follow up with the insurance company regularly.
If you have any questions about filing a workers' compensation claim, you should be sure to speak with a qualified attorney. An attorney will help you understand all of your rights and also navigate the claims process.
Personal injury and workers' compensation claims are both legal avenues that can be pursued after an accident. However, there are some key differences between the two types of claims.
Personal injury claims are based on a theory of negligence, which means that an injured party must prove that the other party was negligent in some way and their negligence caused the injuries. Negligence can be established by showing that the other party failed to act as a reasonable person would have acted in the same situation.
Workers' compensation claims are no-fault. This means that the injured party does not have to prove that the other party was negligent in order to be eligible for benefits. Instead, the injured party simply needs to show that the injury arose out of and in the course of their employment.
Benefits for workers' compensation claims are limited by law. There will be no limit to the damages that may be awarded in a personal injury case, but workers' compensation benefits typically include payment for medical expenses, lost wages, and disability benefits.
In some cases, it is possible to file both a personal injury claim and a workers' compensation claim. This is known as a "dual claim." If you are successful in both claims, you will typically be required to repay any workers' compensation benefits that you received out of the proceeds of the personal injury settlement or verdict.
The best way to determine which type of claim is right for you is to speak with an attorney. A lawyer will help you understand the law and all of your options so they can represent you in any legal proceedings.
If you have been injured in a work-related accident, it will be important for you to seek legal assistance as soon as you can. An attorney will be able to help you understand all of your rights and options while protecting your interests throughout the entire legal process.
Call Us Today to Speak with a California Workers’ Compensation Lawyer
You will want to seek the help of Arshakyan Law Firm for any work-related injury case. Our firm has a wealth of experience helping people with all kinds of workers’ compensation claims.
We will work hard for you and fight to make sure that you are able to receive fair and full compensation for your injuries. You can call (888) 851-5005 or contact us online today to set up a free consultation.