Workplace injuries are unfortunate, but they can happen despite efforts to maintain health and safety standards. When you have been injured on the job in California, you are entitled to compensation in the form of workers’ compensation benefits. Receiving these benefits requires that you process a claim successfully, have it be approved, and ideally receive benefits to cover all the costs associated with your injury or illness.
This is not always how the claims process happens, and a workers’ compensation attorney can be of particular value in getting your initial claim approved or having your appeal lead to the overturning of the decision so you can begin collecting benefits. Experienced Fremont workers’ compensation lawyers have the answers to your questions and can help support your claim.
Common Work-Related Injuries
Workplace-related injuries are very common in the United States, with tens of millions of workers injured each year. In fact, in one year alone, there were 2.8 million nonfatal work-related injuries and illnesses reported to the U.S. Bureau of Labor Statistics.
Common injuries that occur in the workplace may vary from industry to industry, but some of the more common injuries include:
- Burning or scalding from fire or hot air
- Broken bones from falls
- Concussions or traumatic brain injury (TBI) from collisions or falls
- Soft tissue or nerve damage
- Repetitive stress injury from the same motion over and over
Whether you work in construction where falls are common, or in trucking when you are at risk of a motor vehicle collision, when you are hurt on the job, you are entitled to workers’ compensation.
California Workers’ Compensation: An Overview
Through workers’ compensation, you are entitled to benefits for your medical bills and lost earnings associated with your injury or illness - benefits you are guaranteed regardless of whether you caused the accident or incident that led to your injury or illness. This is known as a “no-fault” system, as on the other side, you cannot sue your employer for the damages that are covered through workers’ compensation. Both sides are protected against liability in the event of fault, and your employer is required to carry workers’ compensation insurance to cover you.
The California Division of Workers’ Compensation provides enforcement of the rules and procedures of the state’s workers’ compensation program. If a third party that is not related to your employer is liable for your injury, though, you may be able to pursue damages from them through a lawsuit. An experienced workers’ compensation attorney knows how to identify the best path to complete coverage for your damages.
What Workers’ Compensation Benefits Can I Seek in Fremont?
Workers’ compensation benefits are meant to cover your medical bills and your lost earnings associated with your injury. Medical bills covered by workers’ compensation insurance include:
- Emergency medical care
- Surgery and hospitalization
- Rehabilitative therapy and follow-up care
- Medications and medical devices
- At-home medical care or nursing needs
Compensation for lost earnings is meant to cover:
- Full lost wages during recovery – temporary full disability
- Partial lost wages during recovery - temporary partial disability
- Full lost wages due to permanent injury – permanent full disability
- Partial lost wages due to permanent injury – permanent partial disability
The nature and extent of your injuries will determine your benefits, particularly how your injuries impact your present and future ability to earn income.
How to File Your Workers’ Compensation Claim
The processing of your workers’ compensation claim is unfortunately not automatic after your illness or injury. You have to fill out your portion of the paperwork and include any supporting evidence, then submit it to your employer, who also has a portion to fill in before they submit it to the insurance company.
Using a time-stamped method, like a certified letter, can help to ensure that your claim is processed in a timely manner, which is also something that a workers’ compensation attorney can handle for you. Once the insurance company has received the claim from your employer, they will carefully scrutinize it to determine whether it meets the standards for approval, and if so, what amount of benefits the evidence supports.
It is important to remember that the insurance company is a for-profit company that generates revenue by charging premiums to employers and minimizes costs by denying as many claims as possible. When your claim is initially denied, it can take time to process through the appeal, and this can be a strategy on behalf of the insurance company to encourage you to settle for a lesser amount.
Negotiating with insurance companies when you are recovering from an injury or illness is difficult - if not impossible - to do well, especially without experience with the process. Your workers ‘compensation attorney has the experience you need and will focus on making the most of your claim and benefits while you can focus on getting past your injury.
Common Issues Your Claim Might Face
As noted, insurance companies profit by denying claims and paying out as little as possible on those that they do pay. Common reasons your claim might be denied include incomplete or incorrect paperwork, insufficient evidence to support your claim, or they may assert that your injury was pre-existing or was not caused by the workplace. The workers’ compensation attorney might also require that you visit their doctor for another assessment - an assessment that might disagree with what your own doctor found after the incident.
An experienced workers’ compensation attorney has a network of medical and occupational experts who you can be referred to for an accurate assessment of how your injury or illness will impact your ability to earn - in both the short and long term.
Connect with a Fremont Workers’ Compensation Lawyer Now
Having the support of a workers’ compensation attorney as soon as possible after your injury will help ensure that proper evidence is included in your initial claim, so you receive full benefits as soon as possible. An attorney can also handle any hiccups in the process. To learn how you can make the most of your claim, schedule a consultation today.
