If you’ve been injured on the job in California, there’s a good chance that you’ll be eligible to certain benefits due to California Workers' Compensation laws.
Workers' Comp works by providing a safety net for employees if they happen to become seriously ill or injured, so understanding how Workers' Compensation Works will help you know that your claim is handled properly.
My name is Ronen Kleinman, a Workers’ Compensation Attorney in Los Angeles, and you should know that there are three steps to the claim process:
1) Report The Injury
If you are injured in a work-related accident, report your injury immediately to a supervisor. This is also a good time to contact a Workers’ Comp Attorney. If you have a repetitive stress injury, it is important to report it as soon as you believe it was the result of your working conditions. Reporting injuries when they occur reduces delays in receiving benefits such as medical care. It also helps to prevent problems throughout the rest of the Workers' Compensation process. If you do not report your injury within one year, you may lose your right to receive Workers' Compensation benefits because the injury becomes difficult to fully investigate.
Once your claim is reported, your employer must provide you a claim form in the mail or in person within one working day after learning about your injury or illness. If your employer fails to provide you with a form, you can download one from the Division of Workers Compensation website. Fill out a claim form and turn it in to your employer as soon as possible because returning the Completed form to your employer opens your Workers' Compensation case.
Once your case is open, the insurer can determine which benefits you may qualify for under state law. Your employer must return a Completed copy of the claim form to you within one working day of receipt. Understanding how Workers' Comp works will help you to get started in the correct direction with your claim.
2) Request Medical Treatment
Within one day of receiving your claim, your employer will forward your claim form and their report of occupational injury or illness to a claims administrator. You may then be eligible for up to $10,000 in appropriate medical care.
3) Medical Treatment is Accepted or Denied
If your medical treatment is accepted, obtain treatment within the provider network if possible. The doctor you see for your injuries depends upon two factors: (1) whether you are under a medical provider network (MPN) or a health care organization (HCO) to treat injured workers and (2) whether you previously predesignated your personal physician or medical group. It is important to see the correct primary treating physician for your injury.
If you are in an emergency situation, get treatment immediately. Tell the healthcare providers you come in contact with that your injury or illness is job-related. If you need immediate medical care, your employer may tell you where to go for treatment.
If your Workers' Compensation claim is denied, the claims administrator will send you a letter denying your claim. You have the right to challenge the decision. Having an attorney on your side to file paperwork within the strict deadlines is essential for getting the coverage you deserve and making sure you fully Comprehend how Workers' Comp works.
Why You Need An Attorney For Your Workers' Comp Claim
If your Workers' Compensation case is simple, you may be able to proceed without an attorney. But most cases are surprisingly complex, require precise timing, and require the gathering evidence and meeting deadlines to support your case. Understanding how Workers' Comp works in complicated cases can be overwhelming when you are in the process of healing from an injury or illness. Don’t let the insurance companies or your employer take advantage of you.