If you have been injured on the job, you may be entitled to compensation for injuries, temporary disability, and permanent disability. A permanent disability is a work-related injury or illness that negatively affects your ability to work.
Almost every employer needs to have workers’ compensation coverage so you can access the benefits you need. Filing Van Nuys permanent disability workers’ compensation claims alone is a challenge. At Silberman & Lam, LLP, a workers’ comp attorney could help you file a claim properly, protect your rights, and pursue the right disability status.
Many different accidents and incidents can cause a worker’s permanent disability that impairs their ability to work. Some disabilities, like hearing loss or loss of limb, may permanently impact the ability to do specific types of work, while other permanent injuries may prevent people from working at all. Partial permanent and whole permanent disabilities both warrant compensation.
Van Nuys workers can follow this basic process to file a permanent disability workers’ compensation claim. It is often best to work with an attorney early in the process who can represent a worker to their employer and ensure the worker’s rights are preserved.
First, an employee must notify their employer within 30 days. This may be within 30 days of first missing work due to a workplace incident or within 30 days of learning the injury or illness was caused by the workplace. The sooner an employer receives notification, the easier the claims process will generally be.
The main form for filing a workers’ compensation claim is the DWC-1 Workers’ Compensation Claim Form. Affected workers must fill out the employee section of the form and submit it to their employer, who must fill out additional details such as insurance information. Once they complete the form, they should mail a copy to both the claimant and the insurance company.
Employers must respond promptly, but it is best to stay on top of the process. Workers should generally send the form to the employer through certified mail and follow up regularly with them and the insurance company to ensure the form was completed and that the claim is being processed.
The employer will refer an ill or injured claimant to a workers’ compensation physician if they do not have a predesignated physician. The doctor will usually be part of the employer’s MPN. The physician will:
As a result of the doctor’s determinations and other factors like age and occupation, the state will calculate the worker’s permanent disability benefits. They can negotiate the settlement, accept the results, or take the case to a workers’ compensation judge if they do not agree with the determination.
Navigating workers’ compensation claims is hard because it is a complex legal process that needs to move within tight deadlines. At Silberman & Lam, LLP, we represent injured workers against their employers, insurance providers, and workers’ compensation judges to ensure they receive fair compensation.
Reach out today to schedule a consultation and learn more about how to file Van Nuys permanent disability workers’ compensation claims with legal support. The Silverman & Lam, LLP, team is here to help you protect your rights and your future.
