All California employers are required by law to obtain workers’ compensation insurance so they can provide their employees with quick, effective care if they are injured on the job. Injuries can occur on the job in many ways, and workers’ compensation covers them all no matter who is at fault.
What Types of Injuries are Covered by Workers’ Compensation?
Workers’ compensation covers injuries that occur suddenly, as well as injuries that may develop over time. For example, some injuries may be caused by unexpected accidents, falls, or equipment malfunctions, and cause sudden injuries such as bruises, sprains, broken bones, exposure to toxic substances, or chemical burns. Workers’ compensation covers your medical care for these unexpected injuries.
In addition, workers’ compensation covers injuries that develop over time such as muscle strains or permanent damage caused by repetitive tasks, hearing or vision loss, and even emotional trauma.
These are only a few examples of the types of injuries that are covered by workers’ compensation, so call us today to discuss the injury you’ve suffered and what type of compensation you are entitled to receive.
Not a U.S. citizen? No problem! You don’t have to be a U.S. citizen to obtain workers’ compensation.
What should I do if I’m injured on the job?
No matter what type of injury you sustain on the job, you should always take some basic steps to protect your rights and preserve your ability to get the maximum workers’ compensation benefits available under the law.
First and most importantly, act quickly! If you are injured suddenly on the job, and you are able to notify your supervisor prior to receiving medical attention, inform your supervisor about your injury immediately. For an injury that has developed over time, you must notify your supervisor as soon as you learn about the condition.
Any delay in reporting the injury may cause significant delays in obtaining the benefits and compensation to which you are entitled. In addition, the law imposes strict deadlines limiting your time to report and recover for on the job injuries. If you don’t take action within the time allowed, you may lose your ability to obtain workers’ compensation benefits.
Second, seek medical attention. It is common for employers to tell you where to obtain treatment because injuries covered by workers’ compensation must to be treated by doctors within the insurance carrier’s network of providers, known as the “Medical Provider Network” or “MPN.” In addition, treating medical professionals must comply with requirements set by the workers’ compensation system, so no matter where you go, be sure to inform the medical provider that you were injured on the job. Describe your symptoms fully and explain how the injury occurred.
Based on our extensive experience with workers’ compensation claims we are familiar with many of the doctors, therapists, surgeons and other medical professionals in and around San Diego County. If you are dissatisfied with the treatment you are currently receiving, contact us today so we can help you find the best healthcare providers that will help you recover from your injury.
Third, fill out a workers’ compensation claim form (DWC 1). Your employer is required by law to give you a form promptly (within one work day) if you ask for one. If you are unable to get a form from your employer, you can download the form from the Division of Workers’ Compensation website at: http://www.dir.ca.gov/dwc/forms.html. Scroll down and click on the link for “Workers’ compensation claim form.”
Fill out the form completely and accurately. Make a copy for your records, and give the original to your employer as soon as possible. By law, a claims administrator must authorize you to receive medical treatment within one working day after you submit the completed form to your supervisor.
If you don’t feel your claim is being handled quickly and effectively, contact us today to get immediate help.
What benefits can I receive from workers’ compensation?
Workers’ compensation provides six primary types of compensation to an injured worker:
- Medical care
- Temporary disability benefits while your injury heals
- Permanent disability benefits if you do not recover completely from your injury
- Supplemental job displacement benefits to help you train for a new job if necessary (if you are injured in 2004 or later)
- Vocational rehabilitation if you are unable to return to your old job and your employer does not offer other suitable work (if you are injured before 2004)
- Death benefits if you die as a result of a job-related injury, payable to your spouse, children or dependents
Can my employer fire me for filing a workers’ compensation claim?
No. It is illegal for employers to fire injured employees simply because they were injured on the job or filed a workers’ compensation claim. If you are afraid of losing your job because you were injured or filed a workers’ compensation claim, call us today so we can take action to protect your rights.
What if my workers’ compensation claim is denied?
Most workers’ compensation claims are resolved through settlement. But many claims are denied and injured workers go without financial recovery because they don’t know how to effectively challenge the denial.
If your claim is denied you will receive a letter indicating why your claim did not qualify for workers’ compensation benefits. You can challenge the decision on your own, but you may want to consider consulting an attorney who is familiar with the complex workers’ compensation system and appeal process.
One way you might challenge the denial of your workers compensation claim is to request that the insurance carrier reconsider its decision. A different result is unlikely, however, unless you are able to provide more information such as additional medical evidence. If your claim has been denied, your best chance of successfully appealing the decision is to consult with an experienced workers’ compensation attorney.
Call us today, Toll Free at 1-800-300-6175 to schedule your free, no obligation consultation. Or email us.
No Recovery, No Fee!
Se Habla Español