Frequently Asked Questions About Workers’ Comp
I’m Ed Smith, a workers’ compensation lawyer in Sacramento. When you are injured on the job in California, you will most likely receive workers compensation. Let’s take a look at some of the most frequently asked questions about workers’ comp in California.
What Is Workers’ Compensation?
Workers’ compensation is an insurance plan that employers must provide to workers. In exchange for paying for medical expenses and lost wages, the employee forfeits their right to file a lawsuit against the employer. However, the employee retains the right to file a claim against a third party who might have caused his or her injury. There are some cases where an employer may be taken to court over instances of extreme negligence. Asking an injury lawyer experienced in workers’ compensation is the best way to see what is possible in your case.
How Long Do I Have to Notify my Employer?
You have up to 30 days to report your injury to your employer. It is usually better to do it as soon as possible.
Will My Employer Provide a Workers’ Comp Claim Form?
Yes, your employer has one day to provide you with a claim form either in person or by mail. If you do not receive the form, you can download it here.
What Do I Have to Do With the Claim Form?
Once you have the claim form, fill out the section for the employee. Once that is done, return it to your employer. You can do that in person or by mail. If you use the mail, make sure to send it certified with a return request so you have proof it was sent and received. It is important to return the claim form as soon as you can.
What Does the Employer Do?
Your employer will fill out his or her portion of the claim form, and send it to the insurance within one day. The employer must also send you a copy of the completed form in 24 hours. Your insurance will have 14 days to let you know it has the form in its possession and update you on its status.
Does Workers’ Comp Cover Me for Illness and Injury?
Yes, workers’ compensation covers you for injuries and illness as long as it was work-related. A common illness due to work injury is carpal tunnel syndrome. This is an injury to the hand resulting in numbness and tingling due to median nerve damage in the wrist. It results from repetitive motion such as hammering or typing.
What Happens If I Don’t Get an Answer?
If you don’t hear back about your benefits, it is a good idea to call the insurer. When the claim is not denied or accepted within 90 days of returning the claim form you completed, it is assumed it is a work injury. If disability payments are late, the amount of the payment will be increased.
Can I Get Fired If I Am Injured on the Job or File a Claim?
No, it is illegal for your employer to fire you if you were injured or file a claim. If co-workers supply testimony about your case, they cannot be fired either. In addition, if you are disabled after the injury, there are both federal and state laws that prevent your employer from discriminating against you.
What Happens If the Accident Was My Fault?
Workers’ comp covers you no matter whose fault the accident was, including you. If the reason you were injured was because you were taking drugs or were impaired by alcohol, you won’t receive benefits. In addition, if you inflicted the injury on yourself intentionally, you will not receive benefits.
Can I Go to My Regular Physician If I Am Injured at Work?
Yes and no. If you predesignate a physician before you are injured, you can go to your regular doctor. You must do this in writing, and supply the employer with the doctor’s name and his or her address. Predesignation is only possible if you have medical insurance at the time of your work injury for injuries that are not work-related.
What Are the Benefits of Workers’ Comp?
The benefits are:
- Medical care
- Temporary disability
- Permanent disability
- Death benefits
- Supplemental job displacement benefit
Are Workers’ Compensation Benefits Taxable?
No, except in a few instances. Workers’ comp benefits are not taxable unless the person is receiving Social Security Disability Insurance or Supplemental Security benefits in addition to the workers’ compensation. For more information, contact a Sacramento Workers’ Compensation Attorney.
Sacramento Workers’ Compensation Lawyer
I’m Ed Smith, a workers’ compensation lawyer in Sacramento. If you suffered a job injury or suffer from a job-related illness, you will need to file a workers’ comp claim. Such claims have strict deadlines and can be complex if your claim is denied. Call me at (916) 921-6400 or (800) 404-5400 for friendly and free advice.
I’ve been available to Northern Californians and those in Sacramento for more than 35 years as an injury lawyer. Whether it’s a workers’ comp case or if a client suffered a traumatic brain injury, I’ve fought for their just and rightful compensation.
I am a California member of the Million Dollar Advocates. We are a nationwide group of trial lawyers who have won $1 million or more for clients.
If you want to know more about my legal practice, go to Avvo, Yelp or Google to see reviews and comments.
You can remain here on AutoAccident.com to learn more about any aspect of personal injury law.
If you would like to know how I resolved other cases, go to my verdicts and settlements page.
Top Photo Attribution: https://pixabay.com/en/construction-worker-concrete-646914/
Final Photo Attribution: Sacramento Workers’ Compensation Attorney, Edward A Smith
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