Everyone faces the risk of injury at work in almost every industry, and it is possible for work-related accidents to happen in many unexpected ways. If you or a loved one is hurt while working, it is important to know your rights in terms of workers’ compensation benefits and the first steps you should take in your efforts to recover.
California law requires almost every employer in the state to have workers’ compensation insurance, and this insurance is used whenever any covered employee has an injury when they are performing their job duties. You must understand the process of how to file your workers’ compensation claim, what you should expect from your employer and their insurance carrier, and the value of having an experienced workers’ compensation attorney’s assistance with your claim.
First Steps to Take After a Workplace Injury
Your employer has specific responsibilities they must fulfill after they become aware of your injury at work, but you also have your own requirements when it comes to filing your claim. First is your requirement to report any injury to your manager immediately. You technically have 30 days after an injury occurs in which to report it, but it is always advisable to report any work-related injury as quickly as possible.
Next, you will need to undergo medical treatment. You can see any doctor in an emergency, but a workers’ compensation insurance carrier is likely to require that you see one of their approved physicians in your area. This doctor will evaluate your injuries and assign a disability rating reflecting the seriousness of your condition. This rating will be a major determining factor when it comes to the benefits you receive for your claim.
Once you have completed your prerequisites, you should be ready to submit your claim to your employer’s insurance carrier. An experienced workers’ compensation attorney can guide you through this process, and their help will be critical if the insurance company mishandles your claim.
Recovering From Your Work Injury
The purpose of workers’ compensation insurance is to protect employers from civil liability for their injured workers’ damages by providing benefits that compensate those injured workers. A successful workers’ compensation claim can yield compensation for medical expenses along with disability benefits for the time the injured worker cannot earn income following their injury.
If an injured worker can still work in a limited capacity, they may receive partial disability benefits that can make up the difference in their earning power. However, if they cannot work at all due to the severity of their injury, they will receive total disability benefits. Each weekly payment will be about two-thirds of their usual weekly wage.
Your workers’ compensation attorney can ensure your claim is handled appropriately and that you receive a fair determination of benefits from your employer’s insurance carrier. Once you recover as much as you can through their workers’ compensation insurance, you can explore additional recovery options, such as a third-party personal injury claim.
You may not be able to file a civil suit against your employer in response to your work-related injury, but you could have grounds to sue a third party if someone outside your work directly caused your injury. An attorney can help determine the optimal path to recovering as fully as possible from the injury you suffered.
FAQs
Q: What Is an Employee’s Responsibility When They Are Injured at Work?
A: An injured worker is expected to report their workplace injury to their supervisor as quickly as possible. Technically, there is a 30-day reporting requirement for workplace injuries when injured workers intend to file workers’ compensation claims, but it is always preferable for them to report their injuries immediately. This will show the insurance carrier their claim for benefits is genuine.
Q: Is Every Employer Required to Have Workers’ Compensation Insurance?
A: With few exceptions, all private employers in the state are required by state law to have workers’ compensation insurance. Employers are also required to divulge their workers’ compensation insurance details to their employees and inform them of their eligibility to file such claims if they are hurt while working. If you are unsure whether your employer has met their obligations under state law, consult a workers’ compensation attorney.
Q: Can You Sue Your Employer for a Workplace Injury?
A: If your employer has workers’ compensation insurance, this will typically protect them from civil liability for injured workers’ damages. There are exceptions to this rule, however, such as intentionally inflicting an injury on an employee, forcing them to do a task outside their usual job duties that had virtual certainty to cause harm, forcing them to do illegal actions, or failing to have workers’ compensation insurance coverage as required by law.
Q: Should I Hire an Attorney for a Workers’ Compensation Claim?
A: You have the greatest chance of success with a workers’ compensation claim if you have legal counsel you can trust advising you. An experienced workers’ compensation attorney will make every aspect of the claim filing process easier to complete and more likely to yield the results you hope to see. Your attorney can increase your chance of success with your claim and the total compensation you receive.
Q: How Much Will It Cost to Hire a Workers’ Compensation Attorney?
A: Most workers’ compensation attorneys work on contingency. This means your attorney will only charge a fee for their representation if and when they win your case, and your contingency fee will be a percentage of the total compensation they recover for you. If your attorney is unable to obtain compensation, you pay nothing, so there is no financial risk to hiring an attorney with a contingency fee agreement.
Pratt Law Corporation can provide the guidance and support you will need after any work-related injury. Navigating the procedural steps that you need to complete will be much easier with an attorney’s help, and we have the skills and experience you want on your side in this challenging situation. Contact us today to schedule your free consultation with our team and learn how we can assist you.
