Every year, thousands of people sustain injuries while working. State law requires almost every employer to have workers’ compensation insurance. The purpose of this insurance is to provide financial relief to injured workers in the form of medical expense coverage and disability benefits. In exchange for paying for this insurance, employers are protected from civil suits from their injured workers. California’s workers’ compensation laws are some of the most protective in the country, but some employers may still take advantage of their teams.
Understanding How the Workers’ Compensation System Works, What to Expect
If you or a family member recently suffered an injury while working, it is important to know how the workers’ compensation system operates and what you can expect in terms of compensation for the injury you suffered. An experienced workers’ compensation attorney is an invaluable asset in this situation, and Pratt Law Corporation can provide the legal counsel you need to approach your claim with confidence.
Understanding Workers’ Compensation Benefits
When you suffer an injury at work, you are required to notify your employer of the injury, and they must provide you with the materials you need to file your claim for benefits. It’s important to begin filing the claim as quickly as possible to ensure your claim is processed correctly and that you receive appropriate benefits for your injury.
Two types of benefits are available to cover injured workers — medical expense coverage and disability benefits. If you are approved for workers’ compensation, the insurance company will pay for all of the medical care you need to fully recover from the injury. This includes not only your immediate healthcare expenses but also the cost of any rehabilitative care you need to fully recover, as well as future medical expenses if your injury is likely to require ongoing rehabilitative care.
You will likely need to undergo an evaluation by a doctor your employer’s insurance carrier approved as part of the process. This workers’ compensation physician will determine the severity of your injury and give you a disability rating, which is a number that indicates your overall level of disability resulting from the injury. They can also make recommendations as to the level of care you will require to achieve maximum medical improvement from your injury.
If you do not agree with the workers’ compensation doctor’s assessment, you can request a second opinion. You may be surprised to discover that your employer’s insurance carrier will cover a wide range of treatments, including some that are often regarded as alternative therapies. Ultimately, you have the right to expect full compensation for all the medical treatment you need to fully recover from your injury. If you encounter any issues with your claim or if a specific course of treatment is denied by your employer’s insurance carrier, an experienced workers’ compensation attorney can help resolve these issues.
FAQs
Q: What Is the 90-Day Rule for Workers’ Compensation?
A: When you submit a claim for benefits to your employer’s workers’ compensation insurance carrier, they must respond to the claim no later than 90 days after the day you submitted it. Most insurance carriers will respond within two to three weeks, but delays can happen for many reasons. If you are unsure whether an insurance company is handling your claim in good faith, it’s important to speak with an attorney as soon as possible.
Q: How Much Can I Receive in Workers’ Compensation Benefits?
A: The average injured worker who qualifies for workers’ compensation will receive two types of benefits. The insurance company pays for all the medical care they need to fully recover, and they will also receive ongoing disability benefits during the time they are unable to work. It’s possible to qualify for partial disability if you can still work after your injury, but your earning power is diminished. However, you could receive total disability benefits if you cannot work at all due to your injury.
Q: What Is the Five-Year Rule for Workers’ Compensation?
A: The average claimant will qualify to receive up to 104 weeks’ worth of disability benefits, paid each week at a rate equal to about 66% of their average weekly wage prior to their injury. It’s possible for the claimant to receive these benefits consecutively, but they also have the option of spreading these payments out over a five-year term. This five-year window begins on the date of the injury.
Q: What Medical Expenses Are Covered by Workers’ Compensation Insurance?
A: If your claim for workers’ compensation is approved, the insurance company will pay for all medical care you need to fully recover from your injury. This includes healthcare expenses such as hospital bills, but the claimant can also have ongoing healthcare expenses covered by their employer’s insurance carrier. Any medical care deemed necessary for the claimant’s full recovery will be covered.
Q: Do I Need an Attorney to File a Workers’ Compensation Claim?
A: Technically, no, there are no legal requirements for you to have an attorney represent you for a workers’ compensation claim. However, legal counsel you can trust is an invaluable asset for all stages of your workers’ compensation claim filing process. Your attorney can help file your claim as swiftly as possible and resolve any disputes that arise. You are more likely to maximize your benefits and take full advantage of alternative recovery options available to you when you have experienced legal representation advising you.
Workers’ Compensation Attorneys You Can Trust
Pratt Law Corporation routinely provides compassionate and responsive legal counsel to injured workers throughout the state. We know the challenges you could face as you seek the benefits you are legally owed under California law. We also know how to streamline your claim-filing process and ensure you receive appropriate compensation under the terms of your employer’s policy. Protect yourself and your financial future by getting in touch with our firm. If you are ready to learn what our firm can do for you with your workers’ compensation claim, contact us today and set up a free meeting with our team.
