In California, injured workers can receive compensation for work-related injuries. Unfortunately, successfully navigating the process to receive benefits can be an uphill battle for people who are not familiar with the intricacies of workers’ compensation claims. The average worker may feel helpless or intimidated when insurers or management pressure them into dropping their claim or accepting less than they deserve.
However, you have the right to pursue a workers’ compensation claim when you sustain injuries at your workplace. Workers’ compensation claims can happen in any setting, ranging from offices to libraries to retail stores and construction sites. These claims are available for everyone to pursue, not just heavy labor workers. A well-versed workers’ compensation attorney from Silberman & Lam could help you explore your workers’ compensation claim eligibility in Tulare County today.
Workers’ compensation is an insurance policy that employers have to cover the cost of an employee’s work injury or illness. Every employer in California must have insurance or be self insured to protect employees if they are injured while on the job and performing approved duties. The required insurance policy ensures dual protection: employers are shielded from lawsuits from the employees, and employees are guaranteed compensation if they were injured at work, and the employer is liable.
Benefits include coverage of medical care, disability benefits, and rehabilitation costs. If a person has questions or concerns about how workers’ compensation functions or eligibility, a Tulare County workers’ compensation attorney can be a trusted advisor and provide the answers needed.
There are limits on workers’ compensation benefits that people should consider. People should report a workplace injury to their employer within 30 days of the incident. Additionally, the maximum amount of time someone can receive temporary disability benefits for most cases within a five-year period is 104 weeks, starting from the date of the injury. Severe injuries can qualify employees for 240 weeks of financial benefits, but only if they fall under certain categories and people with permanently disabling injuries with over 70% disability could be awarded lifelong benefits.
Workers’ comp claims can have time limits for filing. If an injured employee misses their deadline, they may lose their opportunity to be compensated. In California, people in most cases must file their claim within one year of the date of the accident. Further, California limits how much a recipient can receive weekly in workers’ comp payments, and that amount changes yearly. Hiring an attorney who is well acquainted with Tulare County’s workers’ compensation system eligibility could help to ensure that the total compensation for injuries sustained is awarded.
Workers’ comp follows a no-fault system, meaning that an injured or ill employee is not required to prove that someone else was liable for the injury or illness to receive benefits. To qualify for workers’ comp benefits, the person bringing the claim must be an employee of the insured employer, and their illness or injury must have arisen or occurred while performing their job duties.
Certain workers, like independent contractors, may not be eligible for these benefits. If a person is unsure about whether they are a covered employee or their eligibility, contact a workers’ compensation attorney in Tulare County for advice.
Workers need to have someone on their side when they are navigating the legal process. Having someone fighting for your right to get the treatment you deserve makes a massive difference in your day-to-day well-being. A tenacious lawyer could help you preserve all your rights and help you understand workers’ compensation claim eligibility in Tulare County.
You deserve to understand your rights fully and to have an advocate for your care, treatment, and compensation for any losses due to your on-the-job injury. Feel free to give us a call as soon as you can to schedule a consultation meeting.
