As a California employee, one of the scariest situations to be in is to experience a work-related illness or injury. If this happens to you, you may be faced with several important questions and concerns. One of the first questions may be, “How do I know if I have a workers’ comp case in California?” An experienced workers’ compensation attorney can review your case and help you determine if you are eligible to file a workers’ compensation claim.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance that provides benefits to employees who sustain a work-related injury or illness while on the job. Workers’ compensation is a state-regulated mandate required of all employers with one or more employees. The purpose of the program is to provide reliable and prompt benefits to workers experiencing a medical condition while also helping to mitigate the financial liability of the employers.
Understanding What Qualifies for Workers’ Comp
There are some criteria that must be met in order to qualify for a workers’ compensation claim. These can include:
- Employment status. Perhaps the most obvious criterion is that you must be employed by an employer. Independent contractors, freelancers, and volunteers typically do not qualify for workers’ compensation in California. For this reason, it is not uncommon for employers to inappropriately misclassify their employees as independent contractors. If you are being told that you do not qualify for workers’ comp, then you should have a trusted attorney review your situation.
- Type of injury or illness. The injury or illness you suffered must directly result from your work for your employer. This can include slip and fall incidents, illnesses stemming from exposure to toxic chemicals, or injuries sustained while working with heavy machinery.
- Reporting deadlines. If you do experience an illness or injury, California law mandates that you must report the injury to your employer within thirty days of the injury. The employer will then provide you with a workers’ compensation claim to complete and return. Any delays in this process on your end could jeopardize your claim and result in an automatic dismissal.
Checking the Status of Your Case
If you are wondering about the status of your case, you can check up on your claim by calling the insurance company that covers your employer. Each insurance company can be different and can contain different procedures for checking claim statuses. This can typically be done online or by phone. You will likely need your claim number if you have an open case.
You could also engage the help of a California workers’ compensation attorney, as they will act as a professional go-between between you and the insurance company. This allows you to focus on healing and recovery.
Working With an Attorney
Checking status updates is far from the only benefit of working with an attorney experienced in California workers’ compensation cases. They can manage all the obligations of the case on your behalf. This can include offering updates, gathering necessary evidence, and performing all other case-related duties.
Furthermore, an attorney can help hold the insurance company responsible for fulfilling its obligations. It is not uncommon for insurance companies to attempt to overcomplicate your case in an effort to discourage you. With the help of an attorney, you have protection against this tactic.
Exceptions to Eligibility
There are certain injuries that do not qualify for workers’ compensation in California. Examples of excluded injuries include:
- Injuries that happened while the employee was not on duty,
- Injuries that resulted while the employee was committing a crime, horseplaying, or violating the company’s code of conduct
- Injuries that are self-inflicted
FAQs
Q: Are Workers’ Comp Cases Public Record in California?
A: Workers’ comp cases in California are public record, including the settlement and all the details of the case. However, there are laws in place that protect this information from being obtained by the public without just cause. Workers’ compensation cases are specifically excluded from being accessed by any party that is not involved in the case.
The law does allow individuals to request limited access to a local records coordinator under certain circumstances. Note that the claimant’s address will be protected.
Q: How Do I Find Out If a Company Has Workers’ Comp in California?
A: To find out if a company has workers’ comp in California, you can search the Workers’ Compensation Insurance Rating Bureau of California’s website. The website is a free service provided to anyone who wants to identify an insurer for California workers’ compensation. The inquiry website provides information for employers with insurance policies over the past five years.
You should also note that in California, employers are required to carry workers’ comp insurance even if they have just one employee.
Q: How Do I Know If My Workers Comp Claim Is Approved in California?
A: One way to know if your workers’ comp claim is approved is to check the status of your claim through the insurance company. Insurance companies are required to respond to your claim inquiry request within a specific amount of time. You can call the insurance company directly to ask about the status of your claim. When you call the insurance company, you may have to provide your name, employer, date of the injury, type of injury, and claim number.
Q: How Long Does a Workers Comp Case Take in California?
A: A workers’ compensation case can take anywhere from a month to several months to settle, depending on the specific circumstances of the case. In the ideal case, the insurance company will immediately take full responsibility for the injury. If they refuse, you may have to go before a judge for a hearing. The judge will ensure that the settlement agreement is fair and that you fully comprehend the agreement terms.
Skilled Legal Support
The legal team at Diefer Law Group, P.C. can help you determine if you are eligible to file a workers’ compensation claim. California workers’ compensation laws can be very strict and time-sensitive, so it is critical that you speak with an experienced attorney for help as soon as possible. Contact us today to see how we can help you.
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