Were you injured while on the job? If so, you may be interested in pursuing a workers compensation claim. You could be entitled to receive compensation or certain benefits based on the details surrounding your claim. If you are interested in learning more about the legal options available to you after a workplace injury in Adelanto or surrounding areas, please do not hesitate to reach out to our team as soon as possible. Our lawyers are more than ready to evaluate your workplace injury claim and help you obtain the benefits that you are owed.
Our workplace injury lawyers have decades of experience and are fully committed to providing you with the guidance that you need to pursue your claim under workers compensation law. If you are ready to discuss your legal options with our Adelanto workplace injury lawyers, contact us today.
Here at the California Labor Law Employment Attorneys Group, our Adelanto workplace injury lawyers are more than ready to help you understand your rights and take legal action. If you are ready to explore the legal options available to you, contact us today.
Understanding the Importance of Being Familiar with the Workplace Injury Claim Process
After any sort of workplace accident, it is important for injured workers to act appropriately to ensure that they can file their claim and obtain the benefits that they are owed. Unfortunately, a lack of information can directly contribute to missing the chance to file a workplace injury claim. There is a specific process to follow and deadlines to adhere to. When injured workers have any problems with the claim process, then they can lose their right to obtain workers compensation benefits all together.
Recommended Steps to Take after a Workplace Accident
After any incident in Adelanto or surrounding areas, it is important that injured workers act appropriately to ensure that they can pursue a claim for their workplace accident. Consider the following recommended steps to take:
- Take photos of all visible injuries
- Take photos of the scene of the incident
- Seek medical care as soon as possible
- Report the incident to your employer
- Request workers compensation forms
- Fill out your portion of the forms and submit them to your employer
- Go to your employer’s doctor for an evaluation
- Keep track of all medical records
Breaking Down the Claim Process
The process is deadline-driven and paperwork-heavy, so it is important for injured workers to follow the necessary process to ensure that they can receive their benefits.
Reporting the workplace injury. This is the first and most important step. You should report the injury as soon as possible by notifying a supervisor, manager, or HR department. Even minor injuries should be reported, as these could worsen over time. When you fail to promptly report an injury, you essentially give insurance companies a reason to deny the claim as they will likely argue that the injury did not happen on the job.
Receiving the workers compensation claim form DWC-1. Once your employer has been notified, they need to provide you with the required forms. You will need to complete your portion of the form and return it to your employer. Of course, you need to keep a copy of this form for your records. When this form is submitted, your workers comp claim officially starts.
Getting medical treatment for your injury. Of course, if you need emergency care, you should go to the emergency department immediately. However, your employer may direct you to their designated medical provider. The medical provider will determine the treatment options, any work restrictions, and any disability status.
Submitting the claim to the insurance. Your employer will forward your form to their insurance carrier. Within just a short time, you may be eligible to receive temporary benefits (while your claim is under review). This may include payment for your medical treatment as well as temporary disability benefits.
Investigating the claim and getting a decision. The insurance company has up to 90 days to investigate your claim and reach a decision. If your claim is accepted, then your benefits will continue. If your claim is denied, then the benefits stop. If there is a delayed decision, the claim is presumed accepted after 90 days. Unfortunately, many claims can be denied during this stage because the insurance company may allege that the injuries were not work related or because of a lack of documentation.
Receiving your benefits. If your claim is accepted, you may receive different benefits based on the details surrounding your claim. Under the category of medical benefits, all doctor visits, surgery, physical therapy, and medication will likely be covered. You could also receive benefits for wage replacement, which could include temporary disability payments and permanent disability payments. In general, this is a portion of your pay (not your full pay). Other benefits may include supplemental job displacement benefits (like retraining benefits) and mileage reimbursement, for instance.
What to Expect When Claims are Denied
Many injured workers believe that once a claim is denied, there is nothing left to do to get benefits. This is not the case. If there is a dispute about your injury, treatment, or disability, there are still options available to you. You can request a Qualified Medical Evaluation or a QME. During a QME, you will be examined by an expert. Their reports heavily influence claim outcomes.
You can also appeal a denial. You can challenge a decision that results in your benefits being cut off. In general, this can result in settlement negotiations, Appeals Board hearings, and even trials before a workers comp judge.
When workers compensation claims are denied, it is essential that injured workers have the representation of an experienced workers comp lawyer.
Some of the Most Common Problems during the Claim Process
When you think of what may go wrong, you may just think about the claim being denied. However, a denial is just one of the many things that can go wrong. In addition to claim denials, some of the other problems that can arise can include the following:
- Delays in medical treatment, potentially resulting in your condition worsening
- Wage benefits being underpaid
- Pressure to return to work too soon
All of these issues require the intervention of an experienced lawyer.
Contact the California Labor Law Employment Attorneys Group Today
Here at our law firm, our team has decades of experience and are fully committed to fighting for the rights of employees who have been injured on the job. Our lawyers are not afraid to take on any employer and workers comp insurance company to protect your rights. If you are ready to explore the legal options available to you, contact our team as soon as possible. Our team offers free case reviews, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns. Our team will ensure that you have access to all the information that you need to fight for your rights and secure the benefits that you are owed. Contact our team today to schedule a free case review as soon as possible.
Garantía de tarifa cero: you will not be responsible for paying any upfront legal costs for any of our legal services. In addition, we work on a strict contingency basis, meaning that you will not be responsible for paying anything at all if your lawsuit is not successful. If you do not win, you will not pay.
Contact our team today to learn more about the options available to you.
