If you suffer an illness or physical injury on the job, you have the right to workers’ compensation insurance benefits. While many people can access these benefits, sometimes, the claims process can get complicated. In that instance, you may wonder what considerations could bolster your claim.
The following tips and strategies are from our attorneys here at KJT Law Group. If you want help managing your workplace accident claim after suffering a severe injury, call (818) 507-8525. Your initial consultation is free and comes with no pressure to partner with our experienced abogados de compensación para trabajadores.
Prompt Action Preserves Your Right to Workers’ Comp Benefits
Most employees are eligible for workers’ comp benefits in our state. Yet, you must promptly report the accident and your injury to your employer, or else you waive the right to coverage.
California’s Division of Workers’ Compensation (DWC) says that you must report your injury or illness within 30 days. From there, your employer will give you a form that goes to the liable insurance company. Within 14 business days, you’ll learn of the status of your claim.
What to Know About Evidence in Your Workers’ Compensation Claim
Workers’ compensation is a no-fault system, meaning that you can pursue coverage regardless of who caused your work-related injuries or illness. However, if the insurer has questions about your case, it benefits you to have evidence. Some of this evidence won’t last forever, though.
By setting your case in motion as soon as possible, more information could be available to support it. Examples include security camera footage, eyewitness testimony, and hazardous working conditions.
Get Medical Care as Soon as Possible
After suffering a workplace injury, seek medical care immediately. Depending on the nature of your condition, this may involve going to the emergency room or going with the paramedics to the hospital. It’s critical that you see a doctor in your employer’s approved network (unless you needed immediate medical care). Going to your primary care doctor rather than a healthcare provider through workers’ comp could leave you with out-of-pocket expenses.
You may get to the point in your medical journey where you feel that going to yet another appointment is unnecessary. However, skipping appointments is not in your best interest. Here, the insurer may believe that if you don’t need treatment, your condition has improved, and therefore, you don’t require workers’ compensation payments.
Also: you have the right to get a second opinion or to choose another healthcare professional to oversee your treatment. If you are unhappy with your physical progress or if the physician who initiated your care is urging you to return to work before you feel ready, don’t hesitate to ask to see someone else.
You Must Adhere to the Statute of Limitations if You File a Personal Injury Case
As noted, workers’ compensation is a no-fault system, meaning you can pursue benefits regardless of what caused your accident. Yet, at the same time, you could also have the basis of a personal injury claim or lawsuit. In this instance, you would allege that because another party’s negligence caused your injury, you deserve compensation.
Through an injury claim, you could recover damages that are not covered by workers’ compensation insurance, such as pain and suffering. However, just like with a de su compensación, there are time limits. Per PCCh § 335.1, you generally have two years to file a lesiones personales lawsuit, with the deadline beginning from the date of your accident and injuries.
KJT Law Group’s workers’ comp attorneys handle all types of injury claims, ranging from car accidents to on-the-job injuries. We explain the full scope of your options from the very beginning, so you can make informed decisions.
You Have Options if the Insurer Denies Your Workers’ Compensation Claim
Workers’ compensation is a complicated program full of rules and regulations that confound those who aren’t familiar with how the system works. If you reported your injury, filed a claim, and had it denied, you have options.
Here’s a pro-tip: consult with our workers’ compensation lawyers. We handle denied workers’ compensation claims on a daily basis, and we’re confident that with our help, you can access the benefits you need.
We could reverse the denial by providing additional documentation or addressing the exact reason for your claim’s denial. Remember: a denial isn’t the end. As an injured employee, you have legal rights under the state’s workers’ compensation program.
Our Workers’ Comp Attorneys Are Here to Help
En KJT Grupo de Derecho, our workers’ comp attorneys offer free case evaluations to help you and your family find your way on this complicated journey. Call us today at (818) 507-8525 to get started. We know the law, and we will fight for your rights. There is no obligation to entrust your case to our workers’ comp lawyers.