An injury at work can change your life and the lives of your loved ones. Dealing with an injury, the high cost of treatment and the trauma that comes along is never easy. Serious injuries or illness which requires life-long medication and long rehabilitation can hit your future plans with a sledgehammer. Thankfully the law in California entitles you to benefits under California’s Workers Compensation Act. An employee who suffers a work-related illness or injury is entitled to compensation from the employer. This compensation includes the cost of medical treatment as well as partial wage replacement for the period you miss work during your recovery process. Take a look at the workers' compensation laws in Oakland and other parts of California.
How to File a Claim for Compensation
The law for worker's compensation in Oakland clearly defines the three-stage process for filing a compensation claim. The following three stages are involved in the process:
Reporting An Injury :
Before we go into the specifics of reporting an injury, you need to keep in mind that the sooner you report, the higher your chances are of receiving the compensation you deserve. A strict deadline must be met in order to report an injury. When you suffer an injury, you need to report it to your employer. As far as reporting work-related injuries and illnesses are concerned, there are some exceptions.
The following steps should be followed in case of a traumatic injury or one caused by working in a hazardous environment, such as exposure to chemicals –
you are missing your first day to work or seeing a doctor with respect to an illness or injury that can be linked to your workplace the doctor explained to you about the injury or illness and you know that the illness or injury has been caused by your professional role.
How to File a Claim with Your Employer
You need to inform your employer as soon as you suffer an injury or illness. For non-emergency situations, you should go to a network health center, as specified by your insurance company. In an emergency, you are entitled to seek medical care wherever you are. You must file a formal compensation claim with your employer within 30 days of the accident. In some exceptional cases, you might still be able to file for compensation after the 30-day period, but you shouldn't wait to raise the issue with your employer.
Under the usual process, your employer would give you a Workers’ Compensation Claim Form (Form DWC-1) within a day of filing your formal compensation claim. This form contains details of your rights and eligibility for benefits. Carefully fill up the employee portion of the form and provide as many details about your injury or illness as required. Submit this to your employer who would further fill up their portion and submit it to the insurer.
While the claim is being investigated and settled, the insurance company of your employer usually pays up to $10,000 for medical treatment. If the insurer does not deny the claim within 90 days, it shall be considered approved. If you are out of work due to an illness or injury, your insurance company must pay disability benefits within 14 days of receipt of your compensation claim. You are entitled to an additional 10% if they default on this payment.
Hire one who comes with a proven track record. You can file this application within a span of one year of –
You must provide the date of injury or when you became aware of work-related illness, the last date you received medical benefits from your employer, and the last date you were entitled to temporary disability benefits. If you retain an attorney specializing in worker's compensation, they will clearly explain the future course of action and assist you in filing your claim and getting maximum benefits.
Summary – Our write-up explains how to apply for benefits under California's Workers' Compensation Law.
Did you get injured at your workplace?
If so, you should consult an experienced Oakland's worker's compensation attorney who can give you guidance as to what next you should do to protect your legal rights and financial interests.
Attorneys at Law Offices of James E. Latimer can represent you and fight for your claim.
