Workplace injuries are far more common than you might imagine. No matter what industry they work in, workers will always be prone to injury on the job. If you sustain a work-related injury, you may have to deal with high medical expenses and the fact that you will miss several paychecks while you recover. Fortunately, workers’ compensation benefits can help you get through this difficult time.
However, the Workers’ Compensation System can be very complicated and confusing, especially if you are dealing with a work-related injury for the first time.
As a worker, you should know the ins and outs of the workers’ compensation process so that you are ready should you suffer an accident on the job. Here are frequently asked questions about workers’ compensation claims and the benefits Californian workers can receive after a work-related injury or illness.
What is workers’ comp?
The workers’ compensation system is designed to help workers who are injured on the job receive the benefits they need to pay for their medical bills, rehabilitation expenses, and to cover their lost wages while they recover from the injury.
However, it is all too common for the system to be unfair to employees who have become injured or ill on the job. Because the system is complicated for those unfamiliar with it, injured workers often accept insufficient monetary settlements to cover their short- and long-term injuries.
In light of this reality, if you suffered a work-related injury, you should consider working with a Los Angeles workers’ compensation attorney, such as C&B Law Group, to handle the claim and guide you every step of the way. An effective attorney can greatly increase your chances of success and your odds of receiving fair compensation for your injuries.
What benefits can I receive from workers’ compensation?
If your workers’ compensation claim is approved, you may receive the following benefits:
Medical care: Your employer will pay for all medical expenses associated with your injury. Your local workers’ compensation attorney can help you get the money you need to treat your injuries now and in the future.
Temporary disability benefits: You will receive payments equal to a percentage of your lost wages while you recover from your injuries.
Permanent disability benefits: If you do not fully recover from your injury, you will receive payments permanently.
Vocational Rehabilitation: If you are unable to return to your old job, your employer will pay for you to adapt to another job, even if you don’t return to work for the same company.
How do I file a claim?
The process of filing a workers’ compensation claim begins the instant you are injured. The first thing you should do is properly notify your employer about the injury you sustained. This will allow your employer to properly investigate the incident.
Next, you will need to file the claim with your employer. One day after your injury, your employer should give you a claim form. In this document, you will have to state the details about the accident and your injury, such as the date it took place, the location, the body parts affected, etc.
Once you submit the claim form, you will have to wait for a response from your employer’s insurer. If the insurance company’s settlement offer is not enough for you, keep in mind that working with a workers’ compensation attorney near you can help you obtain a larger monetary compensation.
When should I file a claim?
After your injury, you should keep in mind that the clock is always ticking. That means there will be deadlines for every action you must take after your injury to receive compensation.
For starters, you will have 30 days after your injury to notify your employer in writing about the incident. Certain exceptions apply, such as when your employer is aware of your injury.
Then, you will have up to one year to file your formal workers’ compensation claim. However, waiting all this time can affect your chances of getting fair compensation. Don’t delay getting the compensation you need, and work with a Los Angeles bankruptcy law firm to expedite the process.
What if the injury was my fault?
One of the advantages of workers’ compensation is that it is a no-fault system. That means that even if the injury was your fault, you will still be able to receive compensation after your work accident.
For example, if while working on a construction site, you suffered a power tool injury because you did not take the necessary preventative measures, even if you were directly responsible for the injury, you will still be able to apply for workers’ compensation benefits.
Should I sue my employer for compensation?
You should keep in mind that the workers’ compensation process not only protects employees after an injury, it also protects employers.
That means that to obtain workers’ compensation benefits, you must be willing to give up the possibility of suing your employer for more compensation.
Pursuing a personal injury case instead of workers’ compensation may help you get more money, but it will be more difficult since you will have to prove that your injury was caused by your employer’s negligence.
If you want to know which option is best for your case, you should schedule a free consultation with a workers’ compensation attorney. The attorney network at http://www.Legalfacts.org is always ready to help you with whatever you need.
What If I suffer an injury outside my workplace?
Where you suffer a work-related injury is not relevant. If you were injured while performing a work-related activity, then you may be able to obtain compensation.
For example, if you were in a car accident while engaging in an activity within the scope of your employment, then obtaining workers’ compensation benefits may not be too complicated. However, if the accident occurred while you were driving home from work, you will not be able to obtain compensation.
Can I be fired for reporting a work-related injury?
After you file your workers’ compensation claim, it is against the law for your employer to retaliate against you in any way. That means that your employer cannot fire you or deny benefits just because you filed a claim over your injury.
However, proving that your employer fired you as punishment for filing your claim is often more complicated than it sounds.
If you suspect that you were terminated for this reason, you should speak with a workers’ compensation attorney for advice on how to proceed.
What If my claim is denied?
If your employer denies your workers’ compensation claim, it means that the insurance company determined that your injury is not covered by workers’ compensation, or that the injury had nothing to do with your job. However, even if your claim has been denied, there is still much you can do.
Initially, you should hire a Los Angeles workers’ compensation attorney to help you deal with the situation. Your attorney will help you appeal the decision in front of a judge. Keep in mind that deadlines are very strict, so you should act as quickly as possible.
What happens if I die on the job?
If you unfortunately die while performing a work-related activity, your family may be able to receive wrongful death benefits after the incident.
Death benefits are based on how much money the worker earned before death. Usually, this equals about two-thirds of the deceased worker’s salary (66.7%). As a general rule, weekly death benefits cannot be less than $224 in California.
Furthermore, the employer will have to pay burial expenses up to $10,000.
Do I need a workers’ compensation lawyer?
Life after a work injury can be very difficult. You’ll have to deal with the pain of your injuries, the fact that you won’t be able to work, and many other challenges. But you don’t have to do it on your own.
A workers’ compensation attorney can help make the workers’ compensation process less confusing and overwhelming.
Initially, your attorney will take care of filing all the necessary paperwork, and negotiate aggressively on your behalf with the insurance company, to increase your chances of getting fair compensation for your case.
Moreover, if your claim was denied, it is especially important that you work with an experienced attorney to increase your chances of successfully appealing the decision and securing a fair monetary settlement.
In California, there are many workers’ compensation law firms that can help you get the benefits you need, such as C&B Law Group. This law firm has helped hundreds of people in and around the Los Angeles area regain control of their lives through workers’ compensation. They also offer completely free consultations, so don’t hesitate to contact them if you want to find out the value of your case in minutes.
Have more questions? Come to Legal Facts!
If you want to learn even more about the workers’ compensation process, or would like to talk to a lawyer near you, you should visit Legalfacts.org. Here you will find useful information and interesting legal stories about a wide variety of legal topics. It’s your chance to learn more about the law in a matter of minutes.
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