If you suffer a work-related injury, the medical costs and other expenses can pile up quickly, leaving you feeling uncertain about the future and crippling you with financial hardship. Ideally, worker’s compensation benefits would begin to come in, covering many of those expenses. However, your employer and their insurance company can be difficult, and you may be left wondering, what is the 90-day rule under workers’ compensation law in Los Angeles?
Thankfully, there are certain protections put in place in California that protect your access to the benefits under workers’ compensation. If your lawful request for assistance is denied, you can fight to protect these rights with the legal support and guidance of a workers’ compensation attorney. An attorney can also make you aware of what kind of compensation you may be entitled to and can help you navigate this legal process.
What Is the 90-Day Workers’ Compensation Rule in California?
If you become injured at your place of employment, you have the legal right to pursue compensation under your employer’s workers’ compensation insurance. Certain state laws allow your employer and their insurance provider 90 days to issue a response to your workers’ compensation claim. If they do not accept or deny your claim within this timeframe, your claim is automatically accepted.
When assessing the validity of your workers’ compensation claim, your employer’s insurance provider can take one of the following actions:
- Accept your claim
- Deny your claim
- Send you a Notice of Delay. This is to request more information to determine the validity.
Keep in mind that these cases can be extremely complex, and having legal representation on your side can make all the difference. It is not uncommon for insurance providers to offer you a low settlement in hopes that you will take it out of desperation. If your claim is denied, there are certain steps you should take. You should continue seeking medical treatment, as this is wise not only for your own health but also for the health of your claim.
Benefits You May Be Entitled to Under California Workers’ Compensation
If you have been injured or have suffered an illness due to your employment in Los Angeles, workers’ compensation benefits are designed to help you recover. The 90-day rule helps individuals recover even when their employer and their employer’s insurance company are delaying the compensation benefits. These compensation benefits may include:
- Medical Care: These benefits can cover any necessary first aid, transportation, hospitalization, follow-up appointments, medications, medical devices, and any other medical care that was necessary to recover from your work-related injury or illness.
- Temporary Disability: If you are unable to return to work following your injury or illness, you may pursue temporary disability benefits. These can supplement your lost income when you are unable to earn a wage.
- Permanent Disability: If your work-related injury or illness causes complete and permanent impairment, you may seek permanent disability benefits that can help you recover some of your lost income.
- Supplement Job Displacement Benefits: If you suffer a permanent disability but it still allows you to work in a different career or position, you may apply for financial assistance to cover any education, licensing, training, or other vocational rehabilitation costs with certain accredited schools.
- Death Benefits: Should an employee suffer the loss of their life due to a work injury or illness, their spouse, children, or other dependents may pursue death benefits. These can cover burial and funeral costs.
FAQs
Q: How Do I Know If I Am an Independent Contractor and Therefore Not Entitled to Workers’ Compensation?
A: The state of California will look at several factors when deciding if an individual is an employee entitled to workers’ compensation or an independent contractor and, therefore, not eligible. You are likely not an independent contractor if the employer controls or details the conditions or duties of work, can rightfully terminate you, pays you a salary or hourly wage, or supplies you with material and tools to perform your job.
Q: Why Might My Workers’ Compensation Claim Be Delayed in California?
A: There are several reasons why a workers’ compensation claim might be delayed in California. The forms could be incomplete, it could be unclear whether or not your injuries or illness are actually work-related, your claim could have been filed outside of the statute of limitations, the proper forms may not have been received by the insurance provider, or your medical records did not provide adequate proof of the injury or illness.
Q: How Long Can You Be on Workers’ Compensation in California?
A: Based on the honest counsel and advice of a medical doctor, you can take off work for as long as needed to recover from your work-related injury or illness. However, there are deadlines for the duration of certain benefits. An experienced workers’ compensation attorney can evaluate your case and help determine how long your workers’ compensation may last.
Q: Does My Employer Have to Hold My Job While I am on Workers’ Comp in California?
A: Though your employer cannot fire you for filing a workers’ compensation claim in California, they are not legally required to hold your position for you while you are out. You may return to your employment, however, with certain restrictions outlined by your doctor. These can include restrictions on your physical activities or changes to your schedule or assignments.
Contact a Skilled Workers’ Compensation Attorney Today
When you file a claim for workers’ compensation insurance in California, you deserve a prompt and reasonable response. If your employer and their insurance provider do not provide this response within 90 days, you are entitled to receive the benefits you are owed for the harm you have suffered. The reality is that many employers and their insurance providers will not offer benefits freely, and sometimes it takes a fight.
At Diefer Law Group, our attorneys have over 60 years of shared experience fighting for our clients facing a wide variety of claims. Let us put our knowledge and experience to the task and help you secure the benefits you deserve and need at this time. Contact us today to learn more.
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