When someone suffers a work-related injury and files a workers’ compensation claim, they sometimes must prove their injury happened at work to receive the benefits they deserve. Unfortunately, employers and workers’ comp insurers could deny a claim because they do not believe an injury is work-related.
If this happens to you, consult a Los Angeles workers’ compensation lawyer about your options. They can review your case, help you document what happened, and prove your injury occurred at work. You will not need to pay anything up front for them to go to work on your workplace injury case.
Proving Your Workplace Injury Claim
Workers’ rights after a work injury often include access to workers’ compensation benefits. However, these benefits are not always easy to get. While the purpose of workers’ compensation is to ensure injured employees receive quick coverage for their medical care and lost income, it does not always work out this way.
Generally, you should not have to prove:
- Your employer caused the accident or injuries.
- If your own actions played a role in your injuries.
- Who acted negligently to cause the incident.
However, your employer or the insurance company could challenge whether the injury was work-related. When this occurs, evidence might be necessary to document what happened, where, when, and how. This could include:
- The accident report
- Your statement about what occurred
- Witness statements
- Video of the incident
- Your relevant medical documentation from your treating medical providers
According to the California Department of Insurance, workers’ comp is no-fault insurance. This should mean you receive benefits as long as you can show that your injuries occurred at work or within the scope of your job. There are still some reasons why your employer or the insurer can legally deny your claim, such as:
- The injuries did not occur at work or because of your work.
- You were intoxicated when the injuries occurred.
- Horseplay or other bad behavior caused the injuries.
- You suffered injuries while engaged in illegal activities.
- You intentionally caused your injuries.
What Happens When I Report an Injury at Work?
Reporting an injury at work generally begins the workers’ compensation claims process. When an injured worker reports their incident and injury to their supervisor or human resources manager, there should be a presumption that the injury or illness is work-related.
This is one reason you always want to notify your company about your injury or work-related illness as soon as possible and seek medical care right away. It will be easier to tie your diagnosis to the event at work. Your doctor should also determine that the injury is work-related, which goes a long way toward proving your injury happened at work.
Your notification to your employer is only the first step in filing a workers’ comp claim. Often, this process goes smoothly. If it does not in your case, consider discussing your next steps with a workers’ comp lawyer in your area.
Benefits Available Under California Workers’ Compensation
Almost all employers in California must provide workers’ compensation coverage for their employees. “Workers’ Compensation in California: A Guidebook for Injured Workers” outlines the benefits that should be available after a workplace injury or illness. This includes:
Workers’ comp pays for all medical bills after an on-the-job injury. This coverage must begin from Day 1, when the employee goes to the doctor and reports symptoms from a workplace accident or illness. This benefit should cover all tests, diagnostic tests, medical treatment, and follow-up until the doctor releases the patient from care.
Income Loss Payments
Income loss payments cover a portion of the worker’s usual wages up to the policy maximum. These are typically paid as a regular paycheck. There are several options for how these are paid, including temporary disability benefits, permanent disability benefits, or partial benefits if you can work but not handle all the assigned tasks.
Supplemental Job Displacement Benefits
These vouchers pay for job training, retraining, and skill-enhancement programs. This could allow a worker with lasting injuries to rejoin the workforce in a different capacity than before.
Death benefits include a one-time benefit paid to the immediate family of a worker who passed away from their accident injuries.
Contact Our Firm About Your California Workplace Injury Case
At KJT Law Group, we provide free initial consultations for workers hurt on the job. If you have questions about your workers’ compensation claim or third-party cases based on a workplace injury, we are here for you. We can assess your case and discuss your options for receiving workers’ comp benefits, pursuing a third-party case, and more.
Contact us at (818) 507-8525 for your free consultation. You won’t pay us any fees unless and until we recover workers’ compensation benefits for you.