Workers’ CompensationWhile workers’ compensation claims may be relatively easy to define, having to go through a workers’ compensation case is an entirely new ballgame. When an employee is injured on the job or contracts an occupational illness, it is typically categorized as a worker’s compensation injury. This means the employee may file a workers’ compensation claim with the employer’s insurance policy.
Workers’ Compensation is a benefit delivery system, however there are limited benefits. These benefits can come in the form of replacement of lost wages, and medical treatment.
What is Categorized as a Work Injury?There’s a limited time in which a worker can file for workers’ compensation, so it’s wise to file the claim with the employer’s insurance as soon as possible to avoid a denied claim.
To qualify for workers’ compensation in California, your injury must take place while on the job. The injury could be the outcome of a single event, a repeated task over time, and in some cases, the injury could come from psychological or exposure to toxic chemicals.
While some injuries that occur at work do not qualify for benefits, these injuries are rare.
If you believe that you, or a family member, may have been injured at work you should always obtain a FREE consultation with one of our highly qualified and experienced workers’ compensation attorneys who can explain your rights and advise the best course of action.
What is the first step?Below are the steps that an employee and employer would need to take in order to file a worker’s compensation claim.
Notify the employer: The employee has a specific amount of time (in most cases, you have one year) to file their worker’s compensation claim, once the Employee notifies his or her Employer of the industrial injury the Employer must provide an injured Employee with a DWC – 1 Claim Form to document the injury.
How Can a Lawyer Help Me?Though many employees feel they do not need a lawyer involved with a worker’s compensation claim, a lawyer still may be necessary.
The employer and the insurance company will want to pay out as little as possible as it affects both of their profit margins. You may be entitled to more than you are currently receiving.
A lawyer can help you figure out if you are not getting your full benefits in these common cases:
• Benefits have not been paid for by the Employer.
• You do not agree with your Employer about your work capabilities.
• A disagreement exists regarding the type of benefits that may be owed to you.
• The Employer’s insurance company denies your claim.
An attorney from Lerner, Moore, Silva, Cunningham & Rubel can help you decide if you need legal advice during your worker’s compensation claims.