Most industries involve the use of vehicles, such as forklifts, trucks, cars, and motorcycles for construction, transport, and deliveries. While these vehicles make jobs possible, easier, and faster, they can also cause devastating or fatal injuries to workers who use or are hit by them. Filing workers’ compensation is a complicated procedure and most of the time, workers encounter issues. When the accident really happened at the workplace or while you are on duty, you are eligible for compensation. Injuries can prevent you from doing your tasks, making you miss work to regain your health. It also means that you have no payment to expect. To ensure that someone has your back, speak with one of our skilled and experienced workers’ compensation lawyers at ODG Law. Contact us at (818) 975-3080 for a free consultation.
California Workers’ Compensation Claims
California workers’ compensation is liability insurance implemented for a work-related injury. It is also an agreement between the employer and his employee to give up their rights to file a case against each other.
The insurance covers the injured worker’s medical expenses and disability benefits to ensure they don’t incur any financial pressure during their recuperation.
On the other hand, the workers’ compensation cushions the employer or company from being sued by their workers or employees who sustained work-related injuries.
If you can no longer perform the same tasks prior to your injury, the workers’ compensation also covers vocational training to help you learn new skills. You can use these skills to find a new job you can do despite your disability.
It’s worth noting that this insurance will only cover an injured employee or worker if the injury occurred while at the workplace or within the coverage of employment. An employee becomes liable for his own injuries if he messes up with his work and didn’t take precautionary measures.
Employers’ Responsibility to His Employees
An employer or company is responsible for any injuries or damages that transpire under their training and supervision. The Occupational Safety and Health Administration (OSHA) asserts that an employer must provide his workers with a safe working environment. This means that all workers are trained to do their particular duties to minimize the likelihood of an accident.
Moreover, the company has the responsibility to hire highly-skilled and professional people to prevent any type of accident because of other employees’ negligence. OSHA also enforces employers to have sufficient management to assure that their workers comply with the safety regulations.
Reporting Your Work-Related Injury to Your Employer
When you sustained injuries while at work report them to your employer right away. It is also a must that you get immediate medical attention from your company’s clinic. In case of emergency, go to a hospital when you have severe injuries. Don’t forget to inform the attending physician that your injuries are work-related.
Delaying your injury report could lose you the right to workers’ compensation benefits. You notify your employer within 30 days after the occurrence of your work-related injury. However, there are exceptions, which include your employer’s knowledge of the injury.
Processes in Filing California’s Workers’ Compensation Claim
As an eligible worker who endures work-related injury, your employer or company is responsible for taking charge of your medical treatment expenses. It also includes partial salary replacement while you stay at home or in the hospital to recover from your injury. To get these benefits, you need to file a claim, of course. This complicated process includes:
- Reporting to your employer about your injury
- Filing the actual claim with your employer
- Filing an “application for adjudication of claim” with the Workers’ Compensation Appeals Board (WCAB)
Each step has a time limit. To make it easier for you to file a claim, talk to one of ODG Law’s expert workers’ compensation lawyer for help.
When Should You Apply for Adjudication of Claim
A majority of injured workers experience discrimination of all sorts from most employers and insurance companies. There would be a lot of disputes and disagreements and you will need someone skilled to protect your rights and defend you.
If the attending physician provides a wrong diagnosis or the insurance company denies your claim, call ODG Law right away. Our skilled and expert workers’ compensation lawyers will support your claim. Typically, you must file the Application for Adjudication of Claim within a year after:
- The date of your injury
- The last day when your employer took care of your medical benefits
- The day when any temporary disability benefits are finished
We will help you file your claim and help coordinate your medical care for you to have an accurate diagnosis.
Protect Your Rights and Get the Compensation You Deserve
If you have issues filing your claim, don’t hesitate to ask for help. ODG Law is always available to those who are in need. Our experts have helped a lot of injured workers to get the compensation they deserve.
We want to help you fight your battle and win. Call us today at (818) 975-3080 for a free evaluation of your case. We work on a contingency fee basis.