Workers Compensation Basics:
What do I do if I am injured at work?
You may be entitled to workers compensation if you are injured at work. Please review the questions below to see if you can receive benefits due to your work-related injuries. Also, please contact our attorneys at LA Jewish Lawyer, who will be able to give you a FREE CONSULTATION on whether you should apply for Workers Compensation Benefits.
What is Workers Compensation ?
Workers’ compensation is an insurance program, which is operated by the State of California, for employees injured while working. Workers’ compensation enable employees and employers to recover from a disability that a worker suffers while on the job. Virtually all employers, even people with one employee or who are self-employed, must participate in the workers’ compensation system. The program provides several different types of benefits, including medical care, temporary and permanent disability benefits, supplemental job displacement benefits, vocational rehabilitation, and death benefits.
Who qualifies for workers’ compensation benefits?
Generally, all employees are eligible for workers’ compensation if he/she are injured while working. Some industries and/or professions are exempted from workers compensation. Whether an employee is covered under the insurance program is determined by California’s Labor Commissioner. Some professions/industries that are exempted from this worker’s compensation include executives/managers, professionals, such as doctors and lawyers, and their employees, as well as artists.
An employee can qualify for workers’ compensation benefits if he/she is injured while working and/or if the employee becomes sick due to the nature of one’s work. Qualifying injuries include when a one-time incident harms the employee, such as breaking a leg falling down some stairs, cutting oneself while sawing through some boards and/or even an car accident while driving for one’s employer.
A person can also qualify for workers’ compensation if repeated exposure to a condition at work leads to an injury. Repeated exposure injuries include wrist injuries due to repetitive motion and/or hearing loss due to loud noises. A person can qualify for workers’ compensation if an illness that he/she has is exacerbated by working conditions at his/her employment. For example, a person whose emphysema is worsened due to airborne chemicals at his/her work can also receive worker’s compensation benefits.
Finally, California’s workers’ compensation system also provides benefits for people who suffer psychological/mental stress due to one’s working conditions. The psychiatric injury must meet some requirements to be compensable, but our attorneys will be able to explain whether your injury qualifies for compensation or not during our FREE CONSULTATION Lawyer.
What is the first steps I should take after I am injured at work?
1. Tell your employer and/or supervisor as soon as possible that you been injured while working. If it is a single-incident injury, such as a fall, then tell your supervisor/employer immediately after you have been hurt. If that is not possible, then tell your supervisor/employer at the first opportunity you can. If the injury is one that takes time to develop, then tell your supervisor/employer as soon as you believe that you have been hurt due to your working conditions.
Failure to notify your employer within 30 days of your injury can possibly lead to you not receiving workers’ compensation benefits. Therefore, it is best to speak with your supervisor as soon as you can so that he/she can properly investigate your claim. It is illegal to fire, demote or otherwise retaliate against a person for filing a workers’ compensation claim. Therefore, you should not fail to report your injury due to fear that you will be fired for doing so.
The best method for dealing with these injuries is to tell your boss as soon as you believe that you are injured. He/she will likely ask you to fill out a claim form from the Division of Workers’ Compensation. Your employer is required by law to give or mail you this claim for within one day of being informed of your injury. If he/she does not, please call our office and we will help you to fill out the claim form.
2. Get treatment for your work-related injury as soon as you can. If you need emergency treatment, make sure that you tell the medical provider (doctor or nurse) that your injury was due to work or work-related. It is possible that your employer already has a medical provider network through his/her insurance to whom they refer work-related injuries for treatment. You will need to use the medical provider to which your employer refers you, but if you disagree with the diagnosis or treatment offered by your employer’s medical professional you can seek out a second and third opinion.
What can LA Jewish Lawyer do to help you get workers’ compensation benefits?
LA Jewish Lawyer will help you find a lawyer that can walk you through workers’ compensation claims and aid you throughout the whole process. The attorneys advertising with our website will help you fill out the claims form, refer you with medical professionals who can give you a second or third opinion, and speak with the Division of Workers’ Compensation and your claims administrator about the progress on your case and helping you to appeal.
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