What Benefits Can You Receive Under Workers’ Compensation and How to Maximize Them?

When you suffer an injury at work, it’s natural to be concerned about what benefits you’re entitled to. After all, if you’re like so many, you’ve been unable to work your job to the capacity that you did, if you’re able to work at all. Many aren’t. Workers’ compensation benefits exist for a reason. To put it simply, they exist to protect workers and provide them with benefits while they recover from a work injury.. By having an experienced workers’ compensation attorney by your side, you give yourself the best chance of receiving all of the benefits that you deserve. 

That said, there are certain forces which can make it difficult to receive all of the benefits you should. That’s where an attorney can come in handy. Often, here at the ODG Law Group, we’ve found that so many of our clients didn’t initially understand all of the benefits they may be entitled to, why they’re entitled to them, and how they can receive the maximum that they deserve. 

Below, we address many of those questions. Along the way, we’ll touch on how we may be able to help. Nothing in life prepares you for being hurt at work. However, should that occur,  ODG Law Group can help. Reach out to us for a free case evaluation. 

Who’s Eligible for Workers Compensation in California? 

Simply put, people who are injured while working. If you suffered an injury while working, you may be eligible for workers’ compensation. You don’t need to prove liability, you don’t need to prove that it was someone else’s fault, or anything like that. So long as you were hurt at work, within the course and scope of your employment, you may be eligible for workers’ compensation benefits. 

To be clear, that doesn’t mean that you had to have suffered your injury while on the warehouse floor or anything of that nature. You don’t need to have been at your place of work while suffering the injury; you could have been out on the field and suffered the injury while working that day away from your usual place of employment.. 

So, for example, if you were hurt in a car accident while making a delivery for work, that could qualify you for benefits. By that same token, if you developed an at-work injury that built up over time, such as Carpal Tunnel Syndrome, or something similar, then, yes, you absolutely are also eligible for workers’ compensation. If there’s any questions, reach out to us for more information and assistance with your workers’ comp claim.

What Do Workers’ Compensation Benefits Cover? 

For the most part, workers’ compensation can cover your medical care, medical mileage reimbursement and any temporary or permanent disability benefits if you are unable to work due to your injuries. 

An at-work injury, depending on its severity, can harm you in many ways. Besides routine medical visits, you might also have to go to rehab, pay for medications, and much more. Workers’ compensation can cover those expenses.

By that same token, if you’re really hurt, unfortunately, the chances are that you’ll have to miss work in order to heal and recover. If you’re like so many of the workers we know, you never like missing work for any reason. However, with an injury, you may not have a choice. As such, you might miss wages that you would have earned. That’s where temporary disability benefits can come in handy and replace your wages while you’re home recovering from your injury.

Hopefully, you never suffer an at-work injury, but, if you do, may it be one that you recover from swiftly and completely. All too often,  that’s not the case. Many injuries end up causing real and permanent disabilities that either will heal long from now or not heal completely leaving a lifelong disability or interference with your daily activities. If that’s the case, then you may be entitled to disability benefits. 

You can receive compensation for that, too. These benefits will make it so that you can receive what’s called permanent disability benefits as part of your workers’ compensation settlement.  

As you can see just from this section, it can all become very complicated quite quickly. If you have any questions, you’re always better off speaking to an experienced attorney. If nothing else, they’ll give you some pointers. So many have initially thought they didn’t have a case only to speak to us and realize that they had a very compelling one. 

Document Everything You Can 

Document everything related to your injury. Document everything. You’ll notice we did not say “document some things” or “document most things.” No, we wrote that you should document everything that you can. As a preference, it’s far better to have more than you need instead of not having something that you absolutely must have. 

In this context, “document” can mean “collect” or “gather.” So, as soon as you can, take pictures, videos, and the like of your injury. If you can’t do it, that’s OK. Your medical provider (who you’ll go see as soon as possible after your injury, of course) can do so. But, make sure to take plenty of pictures and videos of your injury. 

By that same token, if you’re able, document evidence of the injury/accident site, too. Why? Because that’s probably going to change. 

If you’re like so many, you suffered an injury while at work. While that may have caused some property damage, left structural marks, and so forth, that will most likely be cleaned up/fixed quickly. After all, businesses can’t really afford to slow down for too long. So, that evidence could be lost. Again, don’t do this if you’re unable to do so safely. But, if at all possible, be sure to collect this evidence, too. 

If you’ve taken pictures and videos of your injury shortly after you suffered it, you aren’t done. Indeed, you’re going to want to document your injuries as you go, too. For many, these injuries will heal. So, documenting how they’re healing and when is a good idea.

Why are you taking all these pictures and videos of your injuries? Because it’s all evidence of how badly you were hurt. Should the other side try to contest your workers’ comp claim or wonder how it happened and how it impacted you and changed your life, you’ll have the evidence to prove it. They may very well try to say that you weren’t hurt that bad, your injuries weren’t all that severe, and so forth. Having pictures and videos on your side is a great way to counter those claims and to use the truth to strengthen your case. 

Document Expenses, Too 

Unfortunately, in the wake of suffering an injury, you’re probably going to have to deal with many expenses. You will have to pay for expenses that you did not budget for, nor did you anticipate. This is one more way that this changing time can be that much more difficult. However, there is hope. By documenting all of these expenses, you give yourself the best possibility of receiving workers’ compensation and reimbursement for them. 

So, any time you get any kind of bill that is even slightly related to your injuries, note it. Write it down. Keep them together. No matter how big, no matter how small, etc. – keep them all. Having all of them together can help to make your case that much more compelling and easier to forward to your attorney’s office so they can help you get reimbursement for it. ODG Law Group is more than happy to help you submit all of your receipts and out of pocket expenses for reimbursement. 

For example, if you’re like many of our clients, and suffered injuries severe enough to necessitate professional medical treatment, you’re going to want to keep those receipts and expenses together so you can seek reimbursement. But, if there are smaller expenses that are related to your workers’ compensation injury, too, then be sure to document those as well. 

Just as with the pictures, there’s no “too much” here. If there are any expenses which, upon meeting with us, we deem aren’t necessarily something that you could receive compensation for, we’ll let you know. However, that’s far better than the alternative. It’s much better to have too much documentation versus too little. 

Note If There Was Any Kind of Retaliation at Work 

To repeat: if you are hurt at work in California, you may be eligible for workers’ compensation. As long as you were doing your job when you were injured, you may be eligible for workers’ comp. If you’re injured on the job, your employer is also not allowed to retaliate against you for being involved in a work injury or for filing a workers’ compensation claim.

If you believe there’s even the slightest chance that you were retaliated against, it’s worth it to reach out to an experienced compensation lawyer. And if they did retaliate, we’ll make sure that you get even more compensation than you would have otherwise. 

In the context of “workers’ compensation,” retaliation can take many forms. It could be that they fire you, yes. But it could also be far more subtle. Perhaps you’re demoted, passed over, given less favorable work hours, have certain amenities taken away, take a pay cut, and so forth – those are just some of the forms of retaliation. If you even suspect that you have been retaliated against, please contact us. 

What Types of Benefits are Available? 

Available benefits include medical treatment benefits, wage replacement in the form of temporary disability benefits, vocational rehabilitation, death benefits, and permanent disability benefits, among others. When you meet with an attorney, they’ll go over your case. That way, you have the best opportunity of receiving all of the benefits you deserve. 

How Do I File a Claim? 

Notify your employer and then file a DWC-1 form.  You only have one year from the date of the injury or illness to file this claim. If you would like help with completing that form, reach out to ODG Law Group for assistance. 

Is There a Way to Increase My Workers’ Compensation Benefits? 

Again, nothing in life prepares you for having been injured at work. It’s one of the worst and unexpected experiences that a person can go through. However, there are some steps that you can take to give yourself the best possibility of getting the most benefits that you deserve. 

When in doubt, think: “how could the other side use this against me?” Now, every now and then, workers’ compensation cases can move forward smoothly without any real disputes. Liability is accepted, treatment is provided and often, you’ll apply, receive your settlement, and so forth. But, all too often, that’s not the case. 

More often than not, your claim may be denied. Or, maybe you do receive benefits, but, unfortunately, they’re less than you thought you would receive/should receive for all that you’ve been through. Or, even worse, all of your medical treatment keeps getting denied. Those are circumstances when you’re going to want an attorney who has done this before time and time again on your side to help you move your claim forward and get you all the benefits and treatment you’re entitled to. 

Tell Your Employer at Once 

In the immediate aftermath of a work accident, you’re likely to be in some kind of shock. That’s natural and completely understandable. As soon as you’re able to get yourself to safety, to remove yourself from harm’s way, check yourself and others around you for injuries. 

As soon as you are able, report the injury to your employer. Let your supervisors, boss, whoever it is above you, know that you were injured at work. Do not wait. There’s no point in waiting. In fact, waiting can weaken your case. 

Why? Well, for starters, you have a statute of limitations in how long you can wait until you report the injury. Beyond that, it’s something that the other side may try to use against you. While they may not say this in so many words, they may try to insinuate: “how serious could the injury be if you didn’t feel compelled to tell your boss?” Do so as soon as possible. It’s the best course of action for multiple reasons. If possible, document it in writing so you protect yourself and have proof that you reported your injury.

Get Medical Attention 

If you’re hurt, please make sure you get checked out by medical professionals immediately. That is true everywhere else in life, why wouldn’t it be true at work? It’s perhaps even more important with at-work injuries, since this can be an important part of your workers’ compensation case. 

Now, if you’re injured severely enough that you have to be transported to a hospital, ride in an ambulance, etc., then yes, you’re already going to receive medical care. However, many who are hurt at work/suffer some kind of at-work injury do not do this immediately. Instead, they wait, they dawdle, they take their time, and they put their health as well as their claim at risk. 

Again, just as with not telling your boss, there’s no reason not to go to see a medical professional. This can be used against you by the other side. They may try to claim something like: “they couldn’t have been that hurt if they were able to avoid medical care.” 

Seeing a medical professional after your at-work injury is crucial to receiving the medical treatment and compensation that you deserve for everything that you’ve been through. Get medical attention as soon as you can following your injury. 

How Long Do I Have to Claim My Benefits? 

You have one year. You have one year from the date of your work-related illness or injury. Now, you also have one year from the date of the injury to file a workers’ compensation claim, too. That said, you have 30 days from your injury to report the injury or illness to your employer. You gain nothing by waiting on any of this. 

How Long Does It Take to Receive My Benefits? 

You should receive (emphasis on “should”) your first workers’ comp benefit payment within 14 days of your employer finding out about your injury. Again, one more reason to inform them as soon as possible. 

What Do I Do If My Claim is Denied? 

Contact a worker’s compensation attorney. Don’t wait. We understand how challenging it can be to have your workers’ compensation claim denied. It can feel like you did everything right, you followed all of the advice that we wrote earlier in this blog, and yet, you still had your claim denied. That’s when you want to reach out to an attorney with real experience. 

When your claim is denied, it’s not the end. It can feel like it, certainly, but that doesn’t mean you’re precluded from receiving benefits. Far from it. We have helped many clients to receive the benefits for which they were initially denied.

You have the right to appeal your work comp denial. Many of our clients came to us after they initially tried handling their workers’ comp on their own, only to find that their claims were denied. Instead of “beating your head against a wall,” so to speak, after your initial denial, talk to a professional and get the help you need to turn your claim around and have it accepted. 

So often, we’re able to find exactly why their claim was denied and fix it. That way, our clients are able to receive the compensation they deserve for everything that they’ve been through. 

The ODG Group: Experienced Workers’ Compensation Lawyers for California 

The above touched on some of the benefits you can receive as well as the ways that you can maximize them. Optimally, if you’re hurt at work, you apply on your own, and everything works out in terms of benefits, healing, and more. Unfortunately, all too often, that isn’t the case. 

If you didn’t receive as much as you should for your claim, or if it was denied, we’re here to help. By that same token, you don’t have to wait for bad news or denials to work with us – we’ve helped many through the process the whole way from start to finish. To see how we can help through a free case evaluation, call or message us. We’re here to guide and help you every step of the way.