Being injured on the job can throw a wrench into the machinery of your entire life, bringing everything to a halt. Recovering from an injury and figuring out how to get back to your life is difficult enough without having to worry about your workers’ compensation claim being processed completely and correctly. This is where a workers’ compensation attorney can be especially helpful to make sure you get what you are entitled to as soon as you need it.
Experienced Santa Ana workers’ compensation lawyers are here to answer any questions you might have, and read on to learn more about workers’ compensation in California.
Common Work-Related Injuries
In the United States, quite a few work-related injuries are experienced each year. In fact, work-related injuries are very common - in 2019 alone, there were 2.8 million nonfatal work-related injuries and illnesses in the U.S., according to the U.S. Bureau of Labor Statistics. When you are injured on the job, the cost to cover your medical bills and lost wages can quickly pile up, underlining the importance of getting your claim in as soon as possible.
Common workplace injuries include:
- Broken bones
- Burns and lacerations
- Crush injuries
- Amputations
- Vision or hearing loss
- Injuries from repetitive use/strain
- Illness from exposure to chemicals
CA Workers’ Compensation: An Overview
In the State of California, there is a no-fault system of workers’ compensation. This means that you are covered for your injuries regardless of which party was at fault for the accident that caused them. Employers in CA are required to carry workers’ compensation insurance, which provides benefits for workplace injuries and illnesses. As an employee, you are entitled to receive benefits following work-related conditions, and in exchange, you likewise give up your right to file a lawsuit against the employer for negligence.
If a third-party unrelated to your employer contributed to the injury, however, you might be able to file a lawsuit against them if their negligence caused the accident and your injuries. The California Division of Workers’ Compensation has established rules and governance for the state’s workers’ compensation program, as the process can be difficult to navigate, and you may feel as though you did not receive the benefits to which you were entitled.
What Benefits for Workers’ Comp Can I Seek in Santa Ana?
Under workers’ compensation, there are two main categories of benefits: medical treatment and the replacement of your wages if you cannot work. To begin, the workers’ compensation insurance company through your employer should cover all costs related to your medical care linked to the work-related injury or illness.
Medical care linked to work-related injuries or illness includes:
- Treatment at the emergency room
- Appointments with doctors and specialists
- Any required surgery
- At-home medical care as needed
- Rehabilitation
- Any relevant medication or medical equipment
You, as the injured employee, should not be responsible for any of the medical bills linked to your workplace injury. Often, during the time after your injury, you may be unable to work while you recover and/or rehabilitate from the injury. This can lead to you losing a significant amount of income, and workers’ compensation should likewise provide coverage for your lost income through disability payments that replace a percentage of your lost wages.
Payment for your lost wages and income can include:
- Temporary partial disability
- Temporary total disability
- Permanent partial disability
- Permanent total disability
Benefits like this are essential to ensure that your family is able to collect the benefits they need to continue living and supporting your household.
How to File Your Workers’ Compensation Claim
It is important to remember that workers’ compensation is not automatic after your injury, and benefits do not kick in automatically. Rather, you must file your application completely and correctly, then wait for it to be approved before you can collect benefits. Before it can be filed, you must complete your portion, then submit it to your employer. Your employer then has to complete their portion and send it over to their insurance company.
It is important that you keep track of when you submit your application to help ensure timeliness in the processing. Once the insurance company has the claim with your portion and your employer’s filled out, they analyze your claim to determine what benefits you might receive.
Some applicants receive the benefits they are entitled to in full in a reasonable amount of time, but this is unfortunately not the experience that many applicants have, and there are many issues that you might encounter that can lead to the delay or denial of your application and your receipt of the benefits you need and are entitled to.
Issues Your Claim Might Face
Insurance companies do not work for the potential beneficiaries of their policies, but instead, they work for profits. Workers’ compensation insurance companies generate revenue by charging premiums to employers, and they profit by paying out on as few claims as possible and paying as little as possible on those claims that they do pay out on. The insurance company will closely scrutinize your claim to identify any areas that might be incomplete or incorrect. This often enables them to deny or reduce your claim and/or benefits.
Common issues the insurance company might raise include:
- Inaccurate or incomplete application and paperwork
- Arguing that your injury will not stop you from working
- Arguing that your injury was not work-related
- Questioning how severe your injury is
- Claiming that your injury was pre-existing
By contracting with an attorney as soon as possible after your injury, the likelihood of success for your claim is supported significantly. A workers’ compensation attorney can ensure that your application is filled out completely and accurately to ensure acceptance the first time you apply. If you have already been denied, an attorney can support the outcome of your appeal to help you collect benefits as soon as possible.
Connect with a Santa Ana Workers’ Compensation Lawyer Now
To discuss options in your case, schedule a consultation to speak with a workers’ compensation lawyer today. We are ready to help injured workers in and around the Santa Ana area.
