When you suffer injuries while working, you may be eligible to receive benefits from Los Angeles Workers’ Compensation. If you’re a certified employee in California who sustained a work-related injury or sickness, your employer or company will pay for your medical treatment expenses. The law likewise requires them to pay you with a partial wage replacement if you miss work to regain your health and strength.
However, filing a workers’ compensation claim is a complex process. If you encounter problems with your claim, you can always contact ODG Law at (818) 975-3080 for help. Our competent and efficient workers’ compensation lawyers will ensure that you’ll file your claim on time and get the appropriate reparation you deserve.
What are the Processes in Filing a Workers’ Compensation in California?
It’s worth noting that each process has its own time limit or else, your employer or company’s insurance company will deny your benefits because you missed the deadline for filing your claim.
Reporting Your Injury
You need to report your injury to your supervisor or manager as soon as possible. The date of the injury is the same day when you acquired the injury while doing your job. Notify them with a written notice within 30 days after you sustain injuries or you might lose your right to compensation.
However, determining the date of your injury becomes complicated when it involves cumulative trauma injury or occupational disease such as COVID-19 or lung disease due to toxic chemical exposure. In these situations, the amount of time for reporting and filing your workers’ compensation begins when these happen:
- You initially missed your job or seek medical treatment
- You’re aware of or should have known that it was due to your work as explained by your doctor
When you get hurt at work or suffer injury, seek immediate treatment at any clinic or hospital, especially if it’s an emergency. You may also get medical care from your employer or the company’s insurance company’s medical network if they have one. Don’t forget to tell the doctor that your injury is work-related.
Filing Your Claim Through Form DWC-1
After informing your employer about your injury or condition, you must be provided a workers’ compensation claim form, otherwise known as Form DWC-1. It includes information regarding your rights and possible qualification for benefits, what you need to do to get those benefits, and other crucial details. If you didn’t get the form, you can download it from the California Workers’ Compensation (DWC) website.
Just follow the instructions on the form and fill out the employee’s portion. Ensure that you indicate each part of your body that acquired injury. After filling it out, give it to your employer for him or her to fill out the portion designated for employers. He or she will submit it to the insurance company and give you a copy.
Los Angeles Workers’ Compensation: Application for Adjudication of Claim
Although you filed a workers’ compensation claim with your company, you won’t be able to settle any disputes. To be able to do so, you must have initiated a case with the WCAB by filing an Application for Adjudication. You need to file it within one year after:
- The date you sustained the injury
- The last day your company provided you with medical benefits
- The day when any temporary disability benefits lasted
Our knowledgeable lawyers at ODG Law can help you file your workers’ compensation claim and ensure that you file it on time. We can also bring the case to court and represent you if your employer denies your claim.
What are Your Rights and Entitlements as a California Worker?
California employs a no-fault workers’ compensation system and benefits workers, especially employers. Injured employees can’t file a case against their employers and don’t need to prove their employer’s negligence that caused their injury. As an injured worker or employee, your rights and entitlements include:
- Medical treatment costs
- Temporary disability payments
- Permanent disability payments
- Life pension payments, for workers who are severely disabled
- Vocational retraining costs (Supplemental Job Displacement Benefit)
- Death benefits owed to dependents or spouses of workers killed
What Other Recovery and Entitlements You May Get Outside of Workers’ Compensation?
Based on the description of your workers’ compensation claim and associated injuries, you may be eligible to recover other forms of benefits excluded from the workers’ compensation benefits. It includes:
- Court judgments or recompense from a lawsuit against the third party
- Social Security disability benefits (SSDI)
- disability insurance benefits (SDI)
Los Angeles Workers’ Compensation: ODG Law Can Help with Your Workers’ Compensation Issue
If you endure pain and suffering from your work-related injury, ODG Law is always ready to help you. Our expert workers’ compensation lawyers are aggressive when it comes to protecting your rights and ensuring the maximization of your compensation.
We put your interest forward and do our best to make a successful case. You’ll have peace of mind that ODG Law will handle your case seriously along with our efficient workers’ compensation lawyers.
Book a free case evaluation with us. Call (818) 975-3080 today or send your queries to [email protected]. We’ll help you fight your battle.