Understanding Workers’ Compensation
I’m Ed Smith, a workers’ compensation lawyer in Sacramento. If you have been hurt in a work-related accident, you may be entitled to California workers’ compensation benefits. There are deadlines to filing for workers’ comp and to appeal denials. Having the assistance of a seasoned attorney can help ensure that you will meet the time limits, collect wages you need and receive medical treatment.
First Things First
It doesn’t matter where you work or if you are in training, when you are injured on the job the first thing you need to do is report the injury. Notify your boss or supervisor as soon as possible after being hurt. If the symptoms gradually evolved, provide notification once you think it was a work-related injury. Waiting more than 30 days to report may eliminate your chance of receiving benefits. If you need to be seen in the emergency room, don’t wait. If it is not an emergency, either go to a work nurse’s station or to a doctor.
Filing Your Claim
You can ask your employer for a claim form. He or she is obligated to provide one ether by U.S. mail or in person within 24 hours. If this does not happen, it is possible to download it online. Once you have the form, fill out the “employee section.” Sign the form and affix the date. Make a copy and send it to your employer immediately. If you cannot do it in person and choose to mail it, make sure it is sent certified mail with a return receipt. This will make sure you can prove you returned the claim form in a timely manner.
Employer/Insurance Company Responsibility
Your employer should fill out his or her portion, and send it on to the insurer. The employer must provide you with a copy. If not, make sure you request it. Once the insurer is in receipt of the claim form, there is a 14-day window before the insurer must send you a status report. Once again, if you do not receive the status report, call the insurer.
What Are Workers’ Compensation Benefits?
The benefits a worker can receive are:
- Medical: This pays for the cost of any medical treatment.
- Wages (temporary disability): This replaces the wages you would have earned at your job had the accident not happened. This pays 66 percent of a worker’s gross wages. Payment starts after three days or one day following hospitalization. Payments cease when you are able to return to your job.
- Permanent disability: In the event you do not recover completely, you can receive payment for lost wages. The amount is determined using impairment level, occupation and age. The impairment level is determined by a medical professional. The final amount will differ based on when your accident happened. Restrictions on what injured workers can collect were issued after 2013.
- Death Benefits: This is paid to your spouse or children if you die from an accident at work. Other dependants might also receive death benefits.
- Supplemental Benefits: These are job displacement benefits for retraining purposes.
Claim Denial
A claim administrator will review your claim, and decide whether you can receive benefits. If the claim is denied, you will have the opportunity to question that decision. This too has a strict deadline, and it is important that you do it as soon as possible. It is important to file the appeal correctly by including all the necessary paperwork. Since this is complex, having the assistance of an experienced workers’ compensation lawyer is important.
Related Articles by Sacramento Workers’ Compensation Lawyer Ed Smith:
- California Obligatory Responsibility of an Employer
- Temporary Disability Benefits
- Permanent Disability Benefits
- WC Frequently Asked Questions
Sacramento Workers’ Compensation Lawyer
I’m Ed Smith, a workers’ compensation lawyer in Sacramento. If you are hurt on the job and need help with filing a claim or challenging a denial, call me anytime. You can connect with me at (916) 921-6400 locally or (800) 404-5400 long distance. I will provide you with friendly and free advice.
I’ve been helping Northern Californians and residents of Sacramento since 1982. I’ve been there for traumatic brain injuries and wrongful deaths as well as on-the-job injuries.
You may want to know more about my legal practice. Go to the following websites to see my reviews:
You can see how I resolved previous cases on my settlements and verdicts page.
I am a California member of the Million Dollar Advocates, a nationwide group of trial lawyers with final settlements or verdicts of $1 million or more.
Stay here on AutoAccident.com to read more about workers’ comp and other topics in personal injury law.
Photo Attribution: https://pixabay.com/en/construction-worker-safety-2578410/
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