Workers’ Compensation Claims in Los Angeles
Law in the state of California requires employees to provide a safe environment in which to work. In accordance, workplaces must be in compliance with standards that are established by the Occupational Safety and Health Administration. It is important for workers to remember that anyone can be injured while on the job. If you are involved in an accident while on the job, it’s critical to understand that you can apply for worker’s compensation benefits. Here are the essential step in the workers’ compensation process.
Understand What Constitutes Workers’ Compensation Benefits
The state of California requires employers to purchase workers’ compensation insurance that covers the following:
- Death benefits, which encompass payments to a person’s loved ones including their children, dependents, and spouses after a worker’s death.
- Medical care, which involves various costs that a patient incurs that are related to treatment and care of resulting injuries.
- Permanent disability benefits, which includes payment for lost wages due to an injury that is permanent in nature.
- Temporary disability benefits, which includes payment for lost wages if a person’s injuries are temporary but still prevent a person from being able to work.
Report the Incident – A person should take different approaches towards reporting workers’ compensation claims. Indemnity claims encompass situations in which a worker is harmed on the job and is unable to return to the position until the worker heals. Medical only claims, however, involve injuries that are less serious and will let a worker return to work after they have received medical care. In either situation, a worker should make sure to immediately report the accident to the employer so that the nature of the accident can be determined. The state of California requires a worker to report the accident within 30 days. Failure to report a claim in this period of time can result in a person having their claim denied.
Receive Adequate Medical Care – A person who notices the signs of a workplace injury should make sure to receive prompt medical attention. Failure to receive adequate attention by a medical professional can result in a person’s condition growing worse. In many cases, medical care should be covered by workers’ compensation benefits, learn more about workers’ compensation medical treatment.
File a Worker’s Compensation Claim Report – A worker’s employer should provide a claim form with an employee section that should be completed. After an employer submits the claim, a worker can expect to receive a response within 14 business days.
If a Claim is Denied – Employers do not always properly file worker’s compensation claims. Failure to submit a claim in time can result in a person’s benefits being denied. It is important to remember that an employer is not allowed by the law to terminate an employee’s position even if that individual misses work. In accordance with the Americans with Disabilities Act, an employer must make accommodations for an employee. If your claim was denied and you think it was done so in error you can learn more about workers’ compensation claim denials. Also, you can also click here to learn about the process of appealing your workers’ comp claim.
Speak with a Los Angeles Worker’s Compensation Lawyer – Workers do not often know how to respond when they are injured while on the job. The best way to make sure that your workers’ compensation case proceeds in a positive manner is to obtain the assistance of skilled legal counsel. Contact our law office today.