When you sustain injuries or developed illness related to your work, you’re eligible to file a workers’ compensation. It is your lifeline to handling your medical expenses, replacing your lost wages, and more. To receive these and other benefits, you need to file a workers’ compensation, of course. However, filing a claim is no easy matter because of the complex nature of the processing, but ODG can make it less complicated for you. Our knowledgeable LA workers’ compensation lawyers will serve as your guide and help make your filing less complicated. Call us at (818) 975-3080 for a free evaluation of your case.
Steps in Filing Workers’ Compensation Benefits in California
When an accident occurs in the workplace, such as a slip and fall or being hit by falling objects, you need to inform your employer or company right away. Seek medical attention as soon as possible to prevent further injuries or worsening. You can avail of treatment or a check-up from the company doctor if they have one or from another doctor outside of the company.
After getting the doctor’s diagnosis, you need to file a workers’ compensation claim. Your employer will provide you with a form (Form DWC-1) to fill up the employee section. This form encompasses your rights and possible qualification for benefits, what you need to do to get those, and other details regarding the process.
You need to return the form to him to fill up the employer’s section. He will then submit the form to the insurance company and give you a copy. Take note that the filing of workers’ compensation in California is one year from the date of your injury.
Knowledgeable LA Workers’ Compensation Lawyers: Insurance Company’s Response
After submitting the claim form, the insurance company needs to authorize payment for your medical treatment while investigating the validity of the claim. Even if there’s still no decision, the insurer is responsible to pay up to $10,000 in medical expenses. If the insurance company didn’t deny your claim within 90 days of submitting your claim, it means that they approved it.
If you need to leave for work due to your injury or illness, the insurance company should start paying temporary disability benefits within 14 days of learning about your injury and your temporary disability.
Filing an Application for Adjudication of Claim in Resolving Disputes
You’re fortunate if you won’t encounter any issues when filing workers’ compensation. However, that’s not always the case. Insurance companies are always ready to fight to deny your claim. That’s why filing an Application for Adjudication of Claim is important so you can open a case with the WCAB.
Additionally, working with ODG Law’s best trial LA workers’ compensation lawyer gives you peace of mind that your rights are being protected and you have someone dependable to defend you from the insurance company. You need to file the Application for Adjudication of Claim within a year after:
- The date of your injury
- The last day your employer provides your medical benefits
- The period when any temporary disability benefits finish
In case the injured worker dies, his surviving family is eligible to file a claim on his behalf. They have one year from the date of the death of their loved one to file the application for adjudication claim. Our well-versed LA workers’ compensation can help you file and explain how the law applies to your status and help safeguard your rights.
Benefits You May Get in California Workers’ Compensation
There are several benefits you can get from workers’ compensation that will help with your medical costs and other out-of-pocket overheads. It includes:
As an injured worker, you have the right to receive medical care for suffered work-related injuries or illness. The insurance provider should provide reasonable medical treatment for any injuries sustained or illnesses developed in the workplace.
Lifelong Medical Care
Some injuries or illnesses may take long periods of treatment and as an injured worker, you shouldn’t be compelled to pay for any expenses related to your work. In case you need lifetime medical treatment, the insurance company must handle the bills for that.
Temporary Disability Benefits
This benefit serves as a provision for injured workers. If your injury prevents you from getting back to work, you might be eligible to receive temporary disability benefits. Usually, it’s two-thirds of your gross income and is tax-free. This benefit ends once you recovered from your injury and start working again.
Permanent Disability Benefits
This is a payment awarded to injured workers who can no longer perform the same tasks prior to their injuries. The amount you will receive depends on the extent of your injury and is on a case-by-case basis. This benefit starts within 14 days after the temporary disability stops which could take up to two years.
Supplemental Job Displacement Voucher
If you can’t get back to work or your employer won’t offer you a job anymore after recovering from your injury, you could be eligible for this type of benefit. It’s in the form of a voucher that you use to pay for learning some new skills that you can use in a new job. The amount awarded is usually around $6,000 or less.
If the worker died because of his work-related injury or illness, the workers’ compensation will pay qualifying dependents up to $320,000 maximum and up to $10,000 for burial expenses.
For Any Concern with Your Workers’ Compensation Contact ODG Law for Help
At ODG Law, we ensure the protection of your rights and assure you that you’ll get the compensation you deserve. We work on a contingency fee and we’ll only receive payment once we establish a successful case for you.
We’ll fight your battle with the insurance company if they didn’t provide the benefits you are eligible for, especially when they unreasonably deny your claim. Contact us at (818) 975-3080 and keep in touch with us. Our compassionate LA workers’ compensation attorneys are always ready to listen and help. Call today and we’ll review your case at no cost.