Understanding Workers’ Compensation Benefits In California
The Law Office of Veronica A. Perez fights to obtain justice for California workers who have been injured on the job. California affords certain benefits for injured employees administered by the state’s Department of Industrial Relations.
If you have suffered a work-related injury, contact the Law Office of Veronica A. Perez in Chula Vista as soon as you are able to discuss your claim and learn more about workers’ compensation benefits in California.
What Should I Do If I Get Injured?
Your health is the priority, so seek proper medical attention. In an emergency, call 911 or get to a medical care facility immediately. If the injury is less urgent, get first aid and follow up with a medical professional when you can.
You should notify your supervisor as quickly as the situation allows. California has a 30-day window to report injuries. If you wait too long, you may lose your chance to file a claim.
Your employer must supply you with an injury claim form shortly after you report your injury.
The Law Office of Veronica A. Perez can help you review your claim form to make sure that it accurately reflects the severity of your injury and make sure you understand the deadlines for filing your claim.
What Happens If My Claim Is Approved?
After your employer receives your claim form, the employer has an obligation to send the form to its workers’ compensation insurance provider, which should make a decision whether to accept or deny your claim within 90 days.
California workers’ compensation insurance allows injured workers five benefits:
- Medical care: Medical expenses for your treatment and recovery should be paid for by your employer.
- Temporary disability benefits: A workplace injury can prevent you from returning to work immediately. Temporary disability benefits can help soften the blow of those lost wages.
- Permanent disability benefits: If your injury caused damage that prevents you from returning to work permanently, these payments help replace the income you would have otherwise received.
- Supplemental job displacement benefits: In certain circumstances, you may be entitled to a voucher that would pay for job retraining. If your injury caused a partial permanent disability and your employer failed to offer workplace accommodations, the voucher can cover the educational costs of learning a new job.
- Death benefits: In the unfortunate event that a worker dies as a result of a workplace injury, the worker’s family may receive compensation.
If Your Claim Is Denied, You Should Seek Legal Representation Immediately.
Your claim may be denied if your claims administrator — often your employer — believes that your injury does not meet the criteria for workers’ compensation. If your claim is denied, you still have options.
A panel of state doctors has to be requested. The selection of the panel doctor can have serious consequences. The state doctor could determine whether the insurance company has to pay benefits on your claim if there is a medical-legal dispute.
While your claim is being litigated, after the denial, the insurance does not have to pay ANY benefits. The Law office Of Veronica A. Perez can provide guidance as to your options regarding medical attention and income during the litigation of your claim.
A skilled workers’ compensation lawyer can help you at every step of the appeal process, including:
- Helping you prepare the application paperwork and file on time
- Negotiating with your claims administrator at the settlement conference
- Preparing documents and identifying potential witnesses for trial
- Representing you at the trial
- Helping you file a petition for reconsideration if you disagree with the judge’s decision
The Law Office of Veronica A. Perez has represented many clients in claim appeals. Attorney Veronica A. Perez understands the strategies employers use to avoid paying out benefits and can work effectively to counter them at any point in the process.
Can My Employer Fire Me Because I Was Injured On The Job?
No. Firing or punishing an employee because of a workplace injury or workers’ compensation claim is illegal. If you believe that you have been mistreated because of an injury or injury claim, contact the Law Office of Veronica A. Perez as soon as possible.
You’ve Been Hurt. Get The Care You Need.
Immigrant employees are at high risk of having their rights violated by employers. All workers deserve to understand their rights and get access to the benefits they need after a workplace injury. Contact the Law Office of Veronica A. Perez for sound guidance on workers’ compensation claims. Call 619-734-9238 or contact the firm online to discuss your injury and begin working toward filing a claim. Hablamos Español.