If you suffer a work-related injury while employed in a factory, there are certain steps you can take to ensure your workers’ compensation claim process goes as smoothly as possible. After your job injury, you should report to your employer in a timely fashion, seek medical treatment right away, and then consider working with a workers’ compensation attorney.
A workers’ compensation attorney can provide more tips for a smooth and smart workers’ compensation claim process for factory workers. They can investigate your workplace injury and file your claim while you rest and recover.
Tips for an Efficient Workers’ Compensation Process for Factory Workers
If you have never had to file for workers’ compensation benefits, you may be unsure how the process works. After your injury, you will:
- Report your injury to your employer
- File for workers’ compensation benefits
- Receive benefits, such as a portion of your weekly wages and the medical costs associated with treating your injuries
While this may seem like a simple process, you could have your claim denied if your employer believes your injury did not take place at work. To avoid or prepare for a denial, you can follow these injury claim tips.
Report Your Work-Related Injury in a Timely Manner
According to California’s Department of Industrial Relations (DIR), you have just 30 days from the date of your injury to report it to your employer. For injuries that occur in a single accident, it will be easy to report within this timeframe. After a job accident, simply let your employer know about your injury. In instances of severe injuries, you may not have to report your injuries if you are taken from work directly to the hospital by medical personnel.
However, if you develop an injury that worsens over time, you may not realize you need to file a workers’ compensation claim until you have been in pain for an extended period of time. In this situation, you need to report your injury to your employer as soon as possible to ensure the smoothest process possible.
Seek Medical Treatment Right Away
By seeking medical care right after your accident, you create a paper trail that proves you sought medical attention for your injuries. Your medical reports are vital to proving that your injury was severe enough to keep you out of work.
For example, a doctor can help prove that you suffered a medical condition, like lung cancer, due to occupational exposure. They can also help prove repetitive stress injuries that stem from years of work.
Additionally, these records can be used should your employer or their insurance company appeal your workers’ compensation insurance claim.
Collect Evidence Related to Your Injury
In California, workers’ compensation insurance is a no-fault system. This means that you do not need to prove that anyone was responsible for your injury to recover benefits. Even if your own negligence resulted in your injury, you are entitled to benefits.
However, your employer does have the ability to appeal your claim if they do not believe the injury was work-related. To prepare for this, you should begin collecting evidence as proof of how your injury occurred before anything is asked of you. Even though you may not be asked for any of this evidence, having it can create a more streamlined workers’ compensation process.
Evidence you should collect includes:
- Medical records
- Eyewitness statements or expert testimony that can benefit your claim
- Video footage and photographs if available
Hire a Workers’ Compensation Attorney
Whether you have been involved in a workplace accident in the past, or you are filing a workers’ compensation claim for the first time, you may benefit from the assistance of a workers’ compensation lawyer. Attorneys can help you streamline your factory workers’ compensation claim by using all the resources at their disposal.
They can speak with insurance companies, help you collect evidence, and ensure that you receive all the benefits that you are entitled to. Even if you do not anticipate any difficulties in obtaining your benefits, a lawyer may be able to help the efficiency of your claim process.
Understand Your Rights
By understanding your rights as a factory worker in the state of California, you ensure that you are prepared for anything unexpected that occurs during your workers’ compensation claim process. Even if you plan to hire a lawyer to represent you, having basic knowledge of what you are entitled to can be the difference between frustration and a smooth claim process.
It is important that you remember:
- All employers with at least one employee must provide workers’ compensation to their employees.
- You have the right to file a claim, even if your employer tells you that you do not.
- You are an employee if your employer controls and directs the performance of your work. Do not let your employer convince you that you are an independent contractor so they can save money.
Received the Workers’ Compensation Benefits You Deserve Today
California law clearly outlines what is expected of both an employer and employee during a workers’ compensation claim, and yet, the claims process can become very complicated. To ensure that your claim process goes as smoothly as possible, follow these injury claim tips.
If you have questions regarding the factory worker injury reporting procedure or anything else that can make your claim process more efficient, contact a workers’ compensation attorney at KJT Law Group today. Call us today at (818) 507-8525.