When you get injured on the job, it can be an extremely traumatic experience. Now you’ve got steep medical expenses and you can no longer work. Insurance companies are looking to spend the least amount they can. Often they do not give you the proper compensation. It’s unfair. You need to be just focused on your recovery but now you have the extra stress of dealing with the insurance company. The worker’s compensation insurance policy is meant to cover employees with wage replacement and medical expenses. In the state of California, you just have to prove that your injury was work-related. The whole process can be confusing if you have no prior knowledge of it. It’s essential to know what deadlines are in place so that there are no delays or your claim is denied. This will save you time and stress in the long run. It’s also important to know what obligations your employer has as well as the steps you need to take if your claim is denied.
Deadlines
Worker’s compensation is a very timely matter. You will have 30 days to give written notice of your work-related injury to your employer. You will have one year to file a claim. Your employer must be able to provide you with a claim form within a day of receiving your notice of injury. If you were injured in a workplace accident, then you have a clear and specific date to use. This is a bit tougher if you suffer from something such as a disease or repetitive stress injury. In these types of situations, you should use the first day you missed work due to the injury. You should also use it when the doctor has seen you for that specific injury and when you know it was caused by work, this is found out when the doctor explains it to you.
Employer Obligations
Employers have a set of obligations that they also have to follow. Within one day of receiving notice of your injury, employers must provide you with a claim form and authorize medical treatment when your claim is pending. This medical treatment is up to $10,000. Your claim is presumed covered if it is not rejected within 90 days. Employers are required to provide workers compensation to all their employers no matter their status (full-time, part-time, seasonal, etc). There are limited exceptions to this rule.
What if my claim is denied?
If your claim is denied, then you must file an Application for Adjudication of Claim. You must give notice to your employer and/or the insurance company (any parties involved). You must also file a Declaration of Readiness to Proceed.
Many workers require worker’s compensation. You may receive temporary disability payments, permanent disability payments, or medical care. When your claim is denied, it can be incredibly frustrating. You deserve someone to fight for you to get your claim approved as well as the proper compensation. You need someone with experience. The Law Offices of Koszdin, Fields & Sherry have been working on cases like yours since 1955. When looking for a Lancaster workers compensation attorney, we will be a good match in providing you the expertise to help you get through this hard time. Schedule a free initial consultation using the contact form or by calling us at 818-812-5639 or 800-747-3447. Se habla español.
