Overview of Workers Comp
If you have been injured on the job, you’re entitled to financial rewards pursuant to workers’ compensation law. California has its special judicial system and separate procedures to handle cases regarding work-related injuries.
All California employers are required to have workers’ compensation insurance. Failure to provide such may lead to criminal and civil penalties for the employer.
There are various entities involved with workers’ compensation. Once you suffer a workplace injury, you’ll go to a workers’ compensation insurance carrier. If there is a dispute with your compensation claim, you’ll talk to the Workers’ Compensation Appeals Board.
It can be stressful dealing with all these while you await the medical treatment because you’ve been injured at work. It’s best to have someone with you who understands the workers’ compensation system and the process. One mistake can cost you your workers’ benefits, making your medical bills higher while you suffer from lost wages from your inability to return to work. Talk to an Upland workers’ compensation lawyer for a better chance with your injury claim.
How to file workers comp claims?
Your work-related injury falls under the workers’ compensation coverage if it requires more than just first aid or if you need more than the day of your injury to recover.
First aid is a one-time treatment and follow-up visit for minor injuries such as scratches, burns, splinters, cuts, and other injuries that do not normally require medical care.
Do I need to tell my employer?
Workers compensation laws require the injured employee (you) to notify their employer in writing within 30 days of the work injury. However, if they find out in some other way, like if your coworker tells a manager, then that works, too. You can still recover your workers comp benefits even if you failed to inform them unless the delay caused some negative effects on your employer.
Within one day of being notified of the injury, your employer has to provide a Claim Form. On this form, you’ll have to note down details of the incident and your signature. Be sure to fill it out correctly. Any inaccurate information can be a reason to deny your claim or be taken as workers compensation fraud.
Other Notices for Workers Compensation Claims
After you give your employer the completed form, they’ll send it to their insurance company. In turn, the insurer will have to notify you of your different employee rights, such as:
How long after my job injury can I file my claim to get insurance benefits?
An insurance company can deny your medical benefits if you exceed the statute of limitations. The limit is usually one year, with a few exceptions. The one-year period begins at the date that whichever of the following occurs latest:
- The last medical treatment
- The last payment of disability benefits
- The date of injury
It’s best to talk to a workers compensation attorney as soon as you can. If you delay, the statute of limitations may pass and you won’t be able to claim your benefits under the compensation policy. Consult our Upland workers compensation lawyers ASAP!
However there is an exemption: if the employer does not inform the claimant of the right to file a claim for an injury arising in the workplace, then the statute of limitations does not apply and does not take away entitlement for benefits.
How will the insurance company investigate my claim?
Insurance has ninety days from the date of filing to decide if your claim is compensable. If they don’t deny, then the claim becomes accepted.
Until they accept or deny your claim, you’re entitled to medical treatment of up to $10 000, no matter if they decide to deny the claim.
The insurers may place you under oath during a deposition to ask you questions about the incident and your injury. They may have you take a medical examination from their chosen medical provider. They may get records from your prior treatment and employment through a subpoena.
If your claim gets denied, insurance will have to send you a Notice of Denial. If you want to appeal, you have one year from the date of the notice. Talk to our California lawyers to get the benefits you deserve for your workers comp case.
Insurance companies are not on the side of injured workers. It’s difficult to claim your workers compensation benefits if you’re still recovering from your workplace injuries and dealing with medical expenses while the insurance tries to find a way to deny your claim.
The Upland workers compensation attorneys at the Law Offices of Marc Grossman know how to negotiate and litigate these claims so that victims can get the reimbursement they deserve. We have 18 years of experience serving our clients with their workers compensation claims.Call our Upland workers compensation office now to get you the medical benefits you deserve.