Suffering an injury at work can turn your entire life upside down. The good news is that, according to state law, employees are eligible for workers’ compensation benefits when they sustain injuries or illnesses while completing their job duties. California uses a no-fault system, meaning all injuries experienced at the workplace are eligible for coverage.
Benefits would cover necessary medical expenses, ongoing treatment, and any wages lost while recovering. A Fresno workers’ compensation lawyer could help you get the benefits you need to get your life back on track.
State laws require that, after an on-the-job accident, businesses give eligible employees their workers’ compensation benefits. However, there are many things that an injured worker needs to do after an accident to collect this coverage. There are also many reasons why an insurance corporation might deny a claim for worker’s compensation. Any small error could prompt a denial, which makes following the relevant steps key. A few crucial things to do following an on-the-job injury include:
After an accident in the workplace, it is critical to seek immediate care from a healthcare professional. If their injury is a medical emergency, an employee can go to any hospital and receive the attention they need. If it is not an urgent matter, they should ask their employer or insurer for a list of healthcare professionals in the medical provider network and see one of those doctors. It is essential to advise the doctor that they suffered injuries at work and ask about the recovery period.
After sustaining workplace injuries, the team member should also report the accident to their employer as soon as possible. If they cannot notify them immediately, they must file a written claim within 30 days of getting hurt. Failing to report injury or illnesses within those 30 days will likely result in their claim being denied.
Finally, after a work accident, a business should give an employee a document known as Form DWC-1, which the employee can use to report their injuries. A company should also forward information about employee rights, benefit eligibility, and how to best submit the document. The injured team member should complete their portion of the form right away and send it to their employer.
Taking all these steps can be challenging for someone who is in a lot of pain, but a dedicated attorney in Fresno could help with the process of reporting an injury and completing the worker’s compensation form.
There might be some worker’s compensation cases where it is difficult to determine the exact date that an employee got injured. For instance, if someone suffers a repetitive strain injury, they might not remember when they started feeling pain or what caused it. According to California Labor Code 5411, the statute of limitations for filing a worker’s comp claim begins either on the day of the accident or on the day the worker reasonably knew that job duties caused a disability. This gives an employee more time to file in confusing scenarios.
Failure to accurately report the date of injury could cause a delay in receiving benefits. An experienced lawyer in Fresno could answer questions about filing deadlines, help an employee prove that they did not reasonably know about a delayed injury, and resolve any of the more complicated aspects of filing for worker’s compensation.
Workplace injuries and illnesses can range in severity and cause unforeseen medical expenses. When an employee suffers a severe injury while operating under the scope of their employment, the aftermath can be unexpectedly challenging.
Fortunately, all California employees are eligible to collect workers’ compensation, even if their employer is not at fault for the accident. If you need help with filing a claim, contact a Fresno workers’ compensation lawyer at our diverse and paperless firm to schedule a consultation.