State legislation requires most companies to provide workers’ compensation benefits to their employees after suffering injuries on the job. The state follows a no-fault system, meaning a person does not need to prove the accident and injuries or illness happened because of negligence. Workers who suffer harm while carrying out their duties can file a claim to collect benefits.
Even so, receiving a denial from the employer or insurance provider the first time you apply is a common complex process. While seeing a denial can be stressful, that does not mean you are ineligible for benefits. A compassionate lawyer could help you collect the workers’ compensation benefits in Tulare County the law entitles you to receive.
Workers’ compensation benefit payments in Tulare County fall within four primary categories and include the following:
Workers’ comp benefits cover all medical care necessary to treat workplace injuries or illnesses. That includes hospital stays, surgery, therapeutic services, laboratory testing and x-rays, and prescriptions.
Temporary total disability (TTD) benefit payments are approximately two-thirds of the workers’ average salary before the injury. However, payments cannot surpass the maximum weekly benefit amount the law allows. The California Division of Workers’ Compensation (DWC) adjusts the maximum temporary total disability TTD rate at their discretion.
The State Disability Insurance (SDI) program pays permanent disability benefits to those who suffer severe injuries and impairment. Payments are approximately 60 to 70 percent of the person’s salary before the workplace accident.
Wrongful death benefits are approximately two-thirds of the deceased’s salary before the workplace accident. However, the maximum benefit amount is $320,000. The surviving family members that may be eligible for the benefits under the statute include the following:
The deceased’s family must notify the company they are seeking to collect benefits within 30 days after one of its employees suffered fatal injuries at work. An attorney could provide legal advice and help the family settle the claim without unnecessary delays.
There are vital steps to take to collect benefits after sustaining an injury or illness at work. What seems like a minor error or oversight could turn into a long delay or denial of collecting benefits altogether. According to California Labor Code § 5400, an employee must notify their employer within 30 days of sustaining an injury or illness on the job or risk losing eligibility to collect workers’ compensation benefits.
Immediately alerting the workplace is the best way to begin the process and receive benefits promptly. After the employer receives notification from the individual, they have one day to submit a claim to the insurance provider. A lawyer knowledgeable about Tulare County workers’ comp benefits could answer questions about the process and applicable statutes.
The state protects workers by ensuring they have financial support and benefits after suffering injuries or an illness at work. Unfortunately, that does not mean collecting the payments is simple or quick.
Reach out to a lawyer seasoned in workers’ compensation benefits in Tulare County to help you through the complicated process. Call soon to schedule an appointment with one of our attorneys.
