If you are injured or become ill due to a work-related accident or exposure to certain substances, you have the legal right to seek benefits under your employer’s workers’ compensation insurance. All employers are required to carry this insurance, even if you are their sole employee. However, you might find yourself asking, when does workers’ comp start paying lost wages in California? An attorney from Diefer Law Group can provide you with the answer.
After suffering a work-related illness or injury, you are likely feeling uncertain and overwhelmed about the future. This illness or injury might keep you out of work for a long period of time, meaning that no wages are coming in a while the medical bills are piling up. It is understandable that you would be concerned about when you can expect to start receiving the necessary benefits you are entitled to so you can get back on your feet and recover.
Common Benefits in Workers’ Compensation Claims
There are several kinds of benefits one might seek in a workers’ compensation claim. They ultimately depend on the nature and severity of the illness or injury suffered in the workplace.
These benefits can include the following:
- Medical Expenses: These can include coverage for any medical costs such as transportation, doctor visits, hospital stays, surgeries, procedures, treatments, medications, medical devices, equipment, or rehabilitation.
- Lost Wages: This can include any front pay, back pay, lost wages, or the loss of future earning ability.
- Death Benefits: These are intended for the spouse, children, or other dependents of an individual who has died because of a work-related injury or illness. These benefits can help pay for any funeral or burial expenses.
- Temporary Disability Benefits: These benefits are payments that can provide lost wages to individuals who are unable to return to their place of work for a certain amount of time.
- Permanent Disability Benefits: These benefits are payments that provide lost wages to individuals who cannot return to their place of work when they have a long-lasting disability. This disability must permanently impair their ability to work.
- Supplement Job Replacement Benefits: These benefits provide injured or ill individuals a voucher for which they can receive opportunities for training for a new type of employment or further education. This means their injury or illness kept them from returning to their previous line of work.
When Lost Wage Payments Begin
After suffering a work-related injury or illness, it can take time for workers’ compensation benefits to begin. There is a waiting period of 14 days before an individual begins to receive their temporary disability benefits in California. This means you will not begin to receive these benefits until the waiting period is up or you meet certain requirements for an exception.
There are also certain factors that can impact this waiting period, which can include:
- Extended Disability: The waiting period can be waived, and you could receive payments if the disability persists for longer than the 14-day period.
- Hospital Stays: If your work-related injury or illness requires you to stay in the hospital for a substantial amount of time, the waiting period will not apply. In these cases, you are entitled to your temporary disability benefits starting the first day you are unable to work because of your illness or injury.
Dealing with Delays or Denials in California
Unfortunately, there are cases where a workers’ compensation claim is delayed or even denied in California.
There can be several reasons for this to happen, including:
- Injury Disputes: Your employer’s insurance provider may dispute the fact of your injury or illness being work-related, therefore causing a delay or denial.
- Documentation Requests: The insurance company may request further documentation, which can delay the process.
- Disputes of a Medical Nature: If there are any discrepancies in your medical records, this could cause delays in your workers’ compensation insurance claim.
FAQs
Q: What Do I Do If My Workers’ Comp Payments Are Late?
A: If your workers’ compensation payments are late, it is wise to get in touch with your attorney. Your attorney can handle all communications with your employer and their insurance company to understand why your payments are late and can ensure that you begin to receive these payments on time. An experienced workers’ compensation attorney can be a great resource to utilize if you are in this situation.
Q: What Injuries Are Common in Workers’ Compensation Claims?
A: There are several injuries that can result in the need to request workers’ compensation benefits through your employer’s insurance company. These injuries can include spinal cord injuries, traumatic brain injuries, crushing or pinning injuries, amputations, concussions, broken bones, punctures, internal organ damage, nerve damage, repetitive motion injuries, cancers, respiratory diseases, and even death.
Q: What Are Common Accidents That Result in the Need for Workers’ Compensation Benefits?
A: There can be several accidents that occur at a place of work that result in the need for workers’ compensation benefits. These accidents can include slips, trips, falls, falling from great heights, being struck, crushed, or pinned by a heavy object, lifting, pulling, or pushing a heavy object, vehicle collisions, and even workplace violence.
Q: Are Medical Bills Immediately Covered in a Workers’ Compensation Claim?
A: Yes, in most cases, medical treatments are covered right away by workers’ compensation law. When you become injured on the job, you need to make your employer aware right away so you can begin to receive benefits promptly. Once you have reached your doctor or the hospital, make them aware that you intend to file a workers’ compensation claim so they can send your employer the medical bill.
Speak With a Trusted Workers’ Compensation Lawyer Today
If you have been injured or become ill due to a work-related accident or exposure to dangerous substances, you have the right to seek compensation through your employer’s workers’ compensation insurance. These claims can be difficult, but having the assistance of an attorney throughout the process can make all the difference in the outcome of your claim. Contact the offices of Diefer Law Group today to speak with a member of our legal team.
