What Are My Rights If I’m Hurt on the Job?
Employees in any industry – especially those who work in building or construction – may suffer injuries or illnesses while they are working on the job. Adverse medical conditions may result from on-the-job accidents caused by defective equipment, slip-and-falls on the premises, or exposure to dangerous chemicals. In these situations, workers may be eligible to recover various types of workers’ compensation benefits.
It is important that injured workers be aware of their legal rights at all times. A knowledgeable California workers’ compensation attorney can explain those rights to you and pursue the full amount of benefits you deserve to recover following your workplace accident.
How Do I Qualify for Workers’ Compensation Benefits?
To be eligible for workers’ compensation benefits, an injured worker must meet several qualifications. First, they must have suffered an injury or illness while they were on the job. In addition, they must have suffered this injury or illness within the scope of their employment, which typically means that the injured worker was performing one or more job duties at the time they developed their illness or injury.
If you can establish these legal elements, you may be eligible to recover various types of workers’ compensation benefits, depending upon the circumstances of your accident and the specific injury or illness that you suffered.
An experienced workers’ comp attorney in California can help you determine if you are eligible to file a claim for benefits. If so, your attorney can help you file the appropriate claim with your employer’s insurer and work to maximize the total compensation and benefits you recover.
What Workers’ Comp Benefits Can I Get?
Workers who suffer an injury or illness while on the job may be eligible to recover various types of workers’ compensation benefits, depending upon the unique circumstances of their case. First, they may be eligible to receive reimbursement for their related medical expenses following their treatment. In addition, they can recover a portion of their lost income in the event they have to take time off work to recover from their injury or illness and undergo medical care.
Next, if the injured worker suffered a permanent injury or illness, as determined by a qualified medical provider, they can recover various types of permanency benefits. For example, if an injured worker suffered a permanent paralysis injury in their workplace accident, they can recover permanent disability benefits. They might also be eligible for temporary total disability benefits or temporary partial disability benefits, depending upon their circumstances. A knowledgeable California workers’ comp lawyer can determine which of these benefits you can recover in your case.
What Is the Required Time Frame to Report an Injury?
If you suffered an injury or illness while working at your job, you should notify your employer about your medical condition within 30 days of your accident date. To file a workers’ compensation claim for benefits, you must complete the claim form (which your employer should provide to you) and submit it back to your employer. Turning in this form within 30 days after your accident constitutes the written notice that you must legally provide to your employer.
Failing to file the necessary paperwork within the proper time period may jeopardize your right to recover the workers’ compensation benefits you deserve. A knowledgeable California workers’ comp attorney can help you submit the necessary paperwork in a timely manner.
What If I Do Not Discover an Injury Right Away or If It Develops Over Time?
In some cases, an injured or ill worker may not notice symptoms of a workplace injury or illness until some time after an accident occurs. For example, if you develop an occupational disease or repetitive stress injury, special rules may apply if you miss the 30-day deadline. A skilled California workers’ compensation attorney can determine the legal steps that you need to take on a case-by-case basis if you miss the 30-day deadline because of a delayed diagnosis.
Can I See My Own Doctor for a Work-Related Injury?
Many workplace injuries require that workers obtain prompt – and ongoing – medical treatment. However, in most instances, if you suffer an injury while you are on the job, you will be unable to choose a doctor for the medical treatment you receive. Rather, your employer’s insurance company will send you to a doctor or healthcare group, especially if your employer’s insurance company has a medical provider network (MPN) that it routinely utilizes for workers’ compensation matters.
In some instances, however, you can switch to a different provider within the MPN network if you feel that the first doctor is not responding to your medical needs in a timely manner.
Also, if you notified your employer before your accident that you wanted your primary care doctor to treat you for any workplace injury or illness, you can select that doctor after suffering an on-the-job injury. A knowledgeable workers’ compensation attorney can help you review your options when it comes to getting the medical care you need after a workplace injury.
Schedule Your Appointment Today!
If you suffered injuries in a workplace accident that left you with high medical bills or an inability to work, you should seek the legal help you need right away.
A knowledgeable California workers’ compensation attorney can first review your eligibility for filing a claim with your employer’s insurance company. Your lawyer can then assist you with every step of the claims-filing process and work to pursue the maximum monetary benefits you deserve to recover, including compensation for your accident-related medical expenses and lost earnings.
Moreover, if the insurance company is uncooperative and will not award you the full benefits that you deserve to recover, your attorney can take your case to a hearing, aggressively represent you, introduce favorable evidence on your behalf, and pursue the best possible monetary result in your workers’ comp case.
