Trying to obtain the workers’ comp benefits that you deserve can be stressful. There’s no guarantee that your hard work will result in the outcome that you expect. When seeking the benefits that you are owed under California state law, it is important to use all the possible means at your disposal. That way, you can ensure that you receive those benefits and focus on healing. Maximizing your workers’ comp benefits in Los Angeles can only help you in the long term.
How to Maximize Your Workers’ Comp Benefits in Los Angeles
When you are trying to ensure that you receive the maximum amount of workers’ comp benefits possible, the most important thing you can do is ensure that you do not miss any vital deadlines before your fight for benefits even begins. California state law requires you to notify your employer of your workplace injury within 30 days of the accident. Failure to do so could result in a complete denial of your benefits, as your employer would be unable to do their part in your benefits process.
Workers’ comp benefits can include many different kinds of financial help to use for your recovery, including reimbursement for medical expenses, compensation for lost wages, temporary or permanent disability benefits, and death benefits in a worst-case scenario. It is vital that you do whatever you can to focus on getting yourself as much as you possibly can in workers’ comp benefits. Here are some important steps you can take to help you achieve that:
- Hire an Experienced Lawyer: Your most important ally throughout this potentially difficult process is going to be an experienced workers’ comp lawyer. It is vital to the survival and strength of your case to find a workers’ comp lawyer who has a wealth of experience in handling cases similar to yours. They can apply past strategies to your case, give you guidance when you need it most, and navigate your case so that it receives the right kind of care.
- Maintain Detailed Records: Many workers’ comp benefits claims are turned down for the simple and avoidable reason that the application contained poorly explained records. When you decide to pursue workers’ comp benefits for your injury, you should start saving all sorts of relevant records, including all documentation relevant to your injury. This can include evidence of the injury, medical records, witness statements, and any conversations you’ve had with your employer.
- Waste No Time: While you are going to have up to 30 days to report your accident to your employer, it is recommended that you waste no time in doing so. The sooner you report the injury, the sooner they can handle their part, which includes notifying the company’s insurance provider about the accident. Reporting the accident sooner also minimizes the amount of potential setbacks and delays that your case can have.
- Document Your Medical Needs: Depending on the severity of your injury, you may need to see your doctor about it on a consistent basis. Every time you see your doctor regarding your injury, you should leave with a detailed medical record of all your medical treatment measures. This can include medication names, surgeries, long-term care, physical therapy, and regular check-ups. Be sure to follow your doctor’s advice and any treatment plan they’ve given you.
- Seek an Appeal: If necessary, you can collaborate with your workers’ comp lawyer to draft an appeal and continue to seek your benefits if your initial claim is denied. It happens, and it doesn’t always mean that you won’t get benefits. You may just have to work harder on your claim application and provide more evidence, which your lawyer can help you do.
FAQs
Q: What Is the Five-Year Rule for Workers’ Comp in California?
A: The five-year rule for workers’ comp in California refers to the total amount of time that an employee can receive disability payments following an injury. This rule begins on the date of the injury. If the disability is a long-term condition, your payments may be extended from 104 weeks’ worth of payments within a five-year period to 240 weeks’ worth of payments within that same timeframe. It depends on the severity of your injuries.
Q: What Kind of Benefits Am I Entitled to Under Workers’ Comp?
A: Under workers’ comp in California, you are entitled to a number of benefits that can help you focus on your recovery from your workplace injury. These benefits include:
- Reimbursement for your medical care
- Repayment for any lost wages you are missing out on
- Benefits for job displacement if you are unable to return to your current job
- Death benefits for your family if your accident results in your death
Q: What Is the 90-Day Rule for Workers’ Comp in California?
A: The “90-Day Rule” for workers’ comp in California refers to the amount of time that an employer’s insurance company has to respond to a claim for workers’ comp benefits. If the insurance company decides not to respond to the claim within that timeframe, the claim is generally considered to have been accepted, and you can start receiving your workers’ comp benefits. If they do respond and your claim is denied, you and your lawyer can start an appeal.
Q: Does Surgery Impact My Workers’ Comp Settlement in California?
A: Yes, the need for surgery can impact your workers’ comp settlement in California. Depending on your injury, you may need necessary surgery to heal the injury. If your surgery is deemed essential, it can influence the amount that you may receive in a settlement. However, your settlement amount can be influenced by multiple factors, not just surgery.
Contact an Experienced Workers’ Comp Lawyer Today
It is always important to do what you can to maximize the amount of your benefits when applying for workers’ comp. Hiring an experienced workers’ comp lawyer can be the first step toward obtaining everything you deserve. At Diefer Law Group, P.C., we know the kind of legal assistance you need and are prepared to offer it to you. Reach out to speak with one of our team members to schedule a consultation and learn more about how we can help you.
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