State laws require that all companies provide team members with “no-fault” workers’ compensation benefits in the case of work-related injury or illness. “No-fault” means that a worker can still collect benefits even if the accident or illness was not directly caused by their employer. A company must offer benefits for cumulative trauma that develops over time and specific coverage for when a sudden accident leaves employees hurt.
While California is a no-fault state, the filing or approval process is not all that simple. Many workers receive a denial the first time they apply for compensation. To avoid delays in coverage, contact a seasoned Tulare County workers’ compensation lawyer from Silberman & Lam for help documenting your injuries, submitting paperwork, and fighting for substantial benefits.
After an employee seeks medical treatment and filers their initial claim, insurance companies pay workers’ compensation benefits under four categories:
The amount and category of benefits a team member can collect will depend on the circumstances of the accident and the severity of the injuries. An experienced workers’ compensation benefits attorney in Tulare County could help determine eligibility for each type of repayment.
Another crucial aspect of collecting worker’s compensation benefits is that the injured team member must notify the employer of an injury or illness, either immediately after an accident or when they become aware of the condition. Under the California Labor Code § 5400, if the team member does not notify their employer, in writing, about the accident leading to injury or illness within 30 days, they are ineligible to collect workers’ compensation benefits.
After an employee informs their company about the accident, injury, or illness, the employer must send them a workers’ compensation claim form within one business day. A skilled lawyer in Tulare County could help the injured team member submit this workers’ compensation paperwork according to state laws.
After sustaining injuries or an illness on the job, a team member must file for workers’ compensation within one year of the date they knew or should have known of the injury. If the injury is associated with an accident, the employee has one year from the date of this accident to file their claim. In situations where someone was hurt through repetitive motion or cumulative trauma, the clock starts the day that they knew or should have known (by exercising due diligence) that they were injured.
When you suffer injuries at work, the process of filing a claim and collecting compensation to cover medical care and lost wages can be challenging and stressful. For instance, without the help of an experienced legal professional, you may not realize you are accepting fewer benefits than you are eligible to collect.
It is never a good idea to handle the workers’ compensation claims process alone. If you need help submitting your request for benefits, contact a Tulare County worker’s compensation lawyer and schedule a consultation. Our paperless law office could meet around your busy schedule, and our diverse staff are ready to answer your questions.
