Being injured on the job is the last thing that you want to happen after you clock in. When you’ve been hurt or become ill on the job, it is not your responsibility to cover your medical bills and lost earnings out of your pocket. Instead, you have the option of workers’ compensation insurance, which you are entitled to in the state of California.
Read on to learn more about how to file your workers’ compensation claim and common issues you might encounter and to find out how an attorney can help you successfully process your case. One of your local, experienced Baldwin Park workers’ compensation lawyers is here to answer any questions you might have
Work-Related Injuries
One of the most likely places you might be injured is on the job, despite what you might otherwise expect. While motor vehicle accidents are one of the most common causes of personal injuries each year, the workplace also leads to millions of injuries and illnesses each year. In fact, work-related injuries happen far more frequently than you might estimate. There were over 2.8 million nonfatal work-related injuries and illnesses in one recent year alone.
CA Workers’ Compensation in Brief
Workers’ compensation insurance is a trade-off between the employee and the employer, in that you as the employee are entitled to benefits to cover particular out-of-pocket expenses for work injuries, and in return, you cannot sue your employer for the injury. This is called a no-fault system.
The California Division of Workers’ Compensation provides structure and governance for the state’s workers’ compensation program. While you cannot collect from your employer, if a third-party’s negligence was the cause of your workplace injury or illness, you may be able to bring a lawsuit against them.
Some injuries are more common than others in the workplace, including:
- Soft tissue damage
- Neck and back injuries
- Nerve damage and/or numbness
- Partial or complete paralysis
- Loss of limbs
- Burns or injuries from electrical sources
- Broken bones
- Concussions or traumatic brain injury
- Illnesses resulting from exposure to toxic materials
When you’ve been injured on the job, it is important that you seek out immediate medical attention to address any immediate issues that require treatment. Report the injury to your employer and get to the emergency room safely. Getting diagnosed in a timely manner is important, then you can start treatment and begin your workers’ compensation claim. When filing your claim, a workers’ compensation attorney can help you ensure that your application is as complete as possible to support acceptance the first time around, or if you have been denied, an attorney can support your appeal.
Which Benefits Can I Pursue in Baldwin Park?
Benefits for your work-related illness or injury cover two main areas: the medical costs associated with your illness or injury and the lost earnings that you experienced due to your work-related condition. Your medical bills include not only the immediate costs associated with emergency treatment, but also follow-up care, ongoing treatment, or rehabilitation you might require into the future due to your injury.
Hospitalization and surgery are likewise covered by your workers’ compensation benefits. The cost of medications and any related medical equipment is included, as well as at-home care that might be necessary to handle your illness or injury.
Being injured will take you out of work for however long it takes to heal, and you may also require rehabilitative treatment to fully recover. When this is the case, you may be entitled to benefits to cover your lost wages during your period of recovery. If your injury prevents you from returning to work, or work that pays as much as you earned before the injury, you can also be entitled to disability payments. Disability payments can be for: temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability.
Securing the benefits you need to support yourself and your family during and after your recovery is the purpose of workers’’ compensation insurance, which must be accurately filed to begin collecting benefits.
How to File Your Workers’ Compensation Claim
It is important to know that your workers’ compensation benefits do not automatically kick in when you are out of work from an injury or illness. You must file your claim by accurately and completely filling out the application, with sufficient evidence to support your benefits, then you submit it to your employer. From there, they fill out a portion of the form and submit it to the insurance company. The insurance company will carefully scrutinize your claim, and when possible, deny or reduce the coverage that you are offered.
Issues You May Encounter with Your Claim
It is important to remember that the insurance company works to maximize profits, and profits are not maximized by paying out the most possible on all the claims that come. In fact, it is just the opposite, with insurance companies denying whichever claims they can while paying out as little as possible for those claims that are covered.
When you file, the insurance company might claim that your injury or illness was not caused by work, or that it was a pre-existing injury that you are trying to attribute to work. The workers’ compensation insurer may require you to be analyzed by their own doctor, one who might be more friendly to their position than the doctor who treated you after the injury.
Knowing how to respond to denials is an important skill that an experienced workers’ compensation attorney will have sharpened over years of experience. Whether you are filing your initial application or responding to a denial or deduction in your benefits, a workers’ compensation attorney can help with the outcome of your case.
Connect with a Baldwin Park Workers’ Compensation Lawyer
Never stress about a workers’ compensation claim, as there is help available. Whether you have a complicated claim up front, are struggling with insurance companies, or need to appeal a denial, we can assist you. To discuss options in your case, schedule a consultation today.