How a Workers’ Compensation Lawyer Can Help
Workplace injuries can happen to anyone, especially in certain industries like construction and transportation. If you are injured at work in California, you may be entitled to workers’ compensation benefits, which can cover your medical bills, lost wages, and disability payments. However, to receive these benefits, you need to follow certain steps after your injury. You may also seek the advice of an experienced workers’ compensation lawyer if your claim was denied or delayed.
Here are the steps you should take if you are injured at work in California:
Step 1: Report Your Work Injury Immediately
The first thing you should do after a workplace injury is to report it to your employer as soon as possible. If your injury is an emergency, call 911 or go to the nearest hospital and tell them that your injury is work-related. If your injury is not an emergency, notify your supervisor or manager verbally or in writing about what happened, when and where it happened, and how it affected you.
In California, injured workers must report their injury within 30 days of the date it occurred or the date they became aware of it. If you wait longer, you could lose your right to receive workers’ compensation benefits.
Step 2: Seek Medical Attention
Your health and well-being are the most important things after a work injury. You should see a doctor as soon as possible, even if your injury seems minor or does not cause any symptoms. Some injuries may not show up right away or may worsen over time. Some common workplace injuries include exposure to harmful substances, overexertion, and falls.
In California, your employer has the right to choose the doctor who will treat you for the first 30 days after your injury. However, if you have a pre-designated personal physician who agreed to treat you for work injuries before they occurred, you can see that doctor instead. After 30 days, you can change doctors if you are not satisfied with the treatment you are receiving. Make sure to choose a doctor who understands workplace accidents and injuries.
Step 3: File a Workers’ Compensation Claim
To receive workers’ compensation benefits, you need to file a claim with your employer’s workers’ compensation insurance company. Your employer should provide you with a DWC-1 claim form within one day of learning about your injury. You should fill out the employee section of the form and return it to your employer as soon as possible. Your employer should then fill out the employer section of the form and submit it to their insurance within five days.
Once you file a claim, the insurance carrier will review it and decide whether to accept or deny it within 90 days. If they accept it, they will start paying for your medical treatment and other benefits. If they deny it, they will send you a letter explaining why and how to appeal their decision.
Step 4: Contact an Experienced Workers’ Compensation Attorney
Workers’ compensation law can be complex and challenging, especially if your claim has been denied or delayed. You may also face challenges if you have a pre-existing condition or you develop symptoms over time. Consulting with a workers’ compensation attorney can put you on the right path if you did not receive benefits to cover all of your medical bills and lost wages.
A workers’ comp lawyer who is experienced in California employment law can help you appeal a decision or file a third party claim in addition to an existing workers’ comp claim. In addition, workers’ comp lawyers charge ZERO fees upfront.
What Are the Benefits in a Workers’ Compensation Claim?
Injured workers in California may be eligible to receive the following five basic benefits, depending on the type and severity of the injury:
- Medical treatment
- Temporary disability benefits (TTD)
- Permanent disability benefits (PD)
- Supplemental job displacement benefits
- Death benefits
Statute of Limitations in California
The statute of limitations, or the period of time in which an injured worker can file a claim, is one year from the date of the injury or the discovery of the injury.
Our Workers’ Comp Lawyer Is Here For Injured Workers
If you suffered workplace injuries in Riverside and your employer denied your claim, consult a work injury lawyer immediately. Our compassionate and dedicated legal team can help negotiate with the insurance company and get the benefits you deserve
Our workers’ compensation lawyers work on a contingency fee basis, which means we only get paid if we win your case. Contact us today for a FREE case evaluation for your workers’ compensation case. Sycamore Accident Lawyers is proud to represent works in Riverside and throughout Riverside County.