Suffering an injury is never fun, but it can be even worse if you’re injured at work and don’t know what to do. You’re probably wondering if and how your employer is responsible and what the steps are that you need to take in order to receive compensation. If you’ve been hurt while on the job, here’s what you need to know about receiving the appropriate benefits.
Where do you live?
In the state of California, employees are unable to sue their employers for injuries that occur on the job. This is because California has a no-fault workers’ compensation system. This means that employees cannot sue their employers, but also the employees don’t have to prove that the injury was caused by negligence or a misstep by the employers. Employees only have to prove that their injuries were job-related.
This system ultimately benefits both the employers and the employees. Employers don’t need to worry about being sued by their staff, and employees don’t have to go to great lengths to prove that their employer was at fault for the injury. Your employer is legally obligated to provide you with workers compensation, so if you are injured on the job, ask your employer about filing a claim.
Why you still need a lawyer
It is always best practice to find a qualified lawyer that specializes in the exact area of law needed for your particular case. If you happen to be employed as a driver and a motorcycle swerves into your car, you’ll want to find the best California motorcycle accident lawyer in the area to help you with your case. Therefore, make sure you do your research and find out what practices lawyers in your area excel in. A qualified workers compensation lawyer will help you understand how to proceed with filing a claim and starting the process. Your claim might be denied if you don’t have sufficient evidence of an injury, so you want to make sure you’re providing as much information as possible in order to increase your chances of receiving benefits.
Filing the claim should be fairly simple, and after you’ve completed the claim, your employer will submit it to the insurance company for you. You’ll hear back within 14 days with either an acceptance, a denial, or a delay (which means your investigation might take up to 90 days). If you don’t hear back from the insurance company or your claim is denied, contact a workers compensation lawyer and have them assist you.
What do you get if you win?
If you win your claim in California, you may be entitled to medical expenses, permanent or temporary disability payments, life pension payments, or vocational retraining costs. In California, all of your medical expenses will be covered as long as you are being seen by a medical provider who is in network, so if possible, check with your employer before visiting a doctor to make sure you are going to the right specialist.
If a loved one is killed while on the job, the family may be entitled to death benefits. The insurance company will decide what is most appropriate based on the injury and the circumstances. If you find yourself unhappy with what you’ve been granted, talk to a workers compensation lawyer and see if there is anything more that can be done.
Ultimately, in the state of California, you are not able to sue your employer for any work-related injuries, but thankfully, you will not need to. The system is designed to benefit you, and the process of filing a workers compensation claim should be relatively simple and fast. If you are concerned about the process or about receiving what you are due, contact a lawyer and get a skilled expert on your side.