If you suffer a workplace injury, you most likely have a right to collect compensation related to the costs associated with that injury, including medical expenses. However, to receive that compensation, your employer will need to be notified first so that they can then submit the claim to their workers’ compensation insurance provider. How long does an employee have to report an injury in California?
Reporting an Injury to an Employer
When you are injured at work, the first step in the process of getting workers’ compensation is to notify your employer. They will likely need to make a report of the injury and any incident that caused the injury. It’s also possible that they will send you to seek medical attention from a provider who has already been approved by their workers’ compensation insurance provider.
It’s important that you initially notify your employer of the injury within 30 days of it occurring. Any later than this could put you at risk of losing your workers’ comp benefits. Generally, it’s better if you report the injury as soon as possible, as this allows for better documentation of the injury and how it occurred, which could help your case.
Although it will need to be reported within 30 days in most situations, there are some circumstances where that deadline could be extended, such as if the injury isn’t discovered until much later. For instance, exposure to certain chemicals or substances could later result in cancer that isn’t discovered within 30 days of exposure.
Workers’ Compensation Benefits
It’s important to understand what benefits you have a right to under workers’ compensation law, as that can help you understand what to expect. It can also give you an idea of whether or not you are not being offered the full benefits you are entitled to. The five categories of workers comp benefits that are awarded are:
- Medical Coverage. It’s the responsibility of your employer or their insurance provider to cover all of the medical costs that are associated with the injury that you suffered. However, it should be noted that, in most cases, this will likely require you to work with doctors and medical establishments that they have pre-approved and are in their network.
- Temporary Disability. Most injuries will only require someone to be out of work for a temporary period of time, if at all, while they recover. These benefits are designed to cover a portion of the wages that are not being earned during that time.
- Permanent Disability. If someone will not be able to return to their previous position because of their injuries, then these benefits cover the losses associated with that.
- Job Displacement Benefits. If training for a new career is a possibility, vouchers will help cover that expense.
- Death Benefits. If a workplace injury results in death, dependents such as a spouse, children, or others may receive compensation.
FAQs
Q: What if My Employer’s Workers’ Comp Insurance Provider Denies My Injury?
A: If your employer’s workers’ comp insurance provider denies your injury, you may have the option to file a claim against them with the Division of Workers’ Compensation at the California Department of Industrial Relations. This will lead to an investigation and possibly the court deciding whether or not your claim should be covered. Working with a workers’ comp lawyer can often be critical to the success of your claim.
Q: Is My Employer Required to Carry Workers’ Compensation Insurance?
A: Your employer is most likely required to carry workers’ compensation insurance. There are very few exceptions allowed under California law. Even employers with just a single employee are mandated to carry insurance that covers potential injuries to that one employee. If you are unsure about your employer and their requirement to carry workers’ comp insurance, speaking with a lawyer may be helpful in getting clarification.
Q: What Happens if My Employer Doesn’t Have Workers’ Compensation Insurance?
A: If your employer doesn’t have workers’ compensation insurance, there can be several consequences for them. There are potential fines and penalties that they may be subject to for not carrying insurance. If you are injured and your employer doesn’t have the insurance that they are required to, that does not mean that they are off the hook for the costs of your injury. They may still be held liable for those, and a lawyer can help you understand how that can happen.
Q: When Could I Need a Workers’ Comp Lawyer?
A: You could need a workers’ comp lawyer if the situation reaches the point where legal action may be necessary to get the compensation that you are owed. For instance, if your claim is denied by your employers’ workers comp insurance provider, it would be wise to speak with a lawyer about the options available to you. If you aren’t given the full compensation that you’re owed, that could also be a situation when it may be important to speak with a lawyer.
Let Us Help If You Aren’t Receiving the Compensation You Deserve
Workers’ compensation can be a complicated issue. In some cases, it can be difficult to identify if the injury involved is properly a workplace injury and something that should be covered through workers’ comp. In other cases, there can be disputes regarding just what should be covered. For employees, it can be challenging to know what you should expect from workers’ comp and how to remedy the situation if you feel it’s not been handled appropriately.
While the government has created a means of addressing these concerns, it can often be complicated and challenging to navigate for those unfamiliar with the process. There’s a lot of particular paperwork involved and information that needs to be gotten to the appropriate parties at California’s Division of Workers’ Compensation. Any problems or errors could lead to delays or even your claim being rejected.
Working with the right lawyer, like those you find at Diefer Law Group, can be critical to getting the compensation that you need in a workers’ comp claim. Our team understands every aspect of the process, from filing the claim to negotiating a possible settlement to making your strongest case through litigation. If you think you’re not receiving the workers’ comp that you deserve, contact our team today.
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