As committed workers’ compensation attorneys, we frequently get inquiries from clients about the claim-filing procedure. Although practically all work-related injuries are protected under California’s workers’ compensation rules, there are many misunderstandings floating around out there about this program – and how to begin the process of claiming your benefits.
We’re here to assist you at PLBSH. Read on to get answers to some of the most common questions we get about workplace accidents. Then contact us at (800) 435-7542 to speak to a workplace accident attorney.
When Am I Eligible for Workers’ Compensation Benefits?
If you received an on-the-job injury that was directly related to your work, or even just caused during business hours, you are qualified to file for a workers’ compensation claim. In California, this also covers repetitive ailments, such as hearing problems because of noise.
Who Is Responsible for Covering Occupational Injuries?
Although being one of the most often asked problems we get, this one also offers the most obvious solution: The workers’ compensation insurance provider for your employer will foot the expense for any approved claims, not your employer. According to Section 3700 of the California Labor Code, all employers in the state of California are required to carry this kind of insurance.
Can I Go to My Own Doctor?
As part of their insurance plan regulations, your company will probably need you to see a doctor they have chosen after your workplace injuries. Although it is technically possible, the procedure, known as “predesignation,” is difficult and necessitates that you have already given your doctor’s name and address before the injury occurred (and that you have done so in writing).
How Long Will It Take for Me to Receive Payments?
Depending on the type of injuries you sustained, you might be accepted and compensated quite quickly or it might take some time to acquire the money you require. The majority of the time, if you file for temporary disability (TD) benefits to cover your work-related injuries, the insurance company is required to issue you a check within 14 days of the date they notified your employer.
Can I Sue In Lieu Of Workers’ Compensation?
No. To ensure that all Californians are afforded the same legal protection, the California Workers’ Compensation Act is regarded as the “sole and exclusive remedy” for workplace injury claims. Unless your employer committed discriminatory or illegal activities, you must stick to the workers’ compensation system for financial restitution.
Can My Employer Terminate Me While I’m On Workers’ Compensation?
Despite the fact that the federal Family and Medical Leave Act (FMLA) forbids companies from firing an employee while they are on a 12-week unpaid leave due to a medical condition, this protection does not necessarily coincide with state rules governing workers’ compensation.
Thankfully, it is also illegal for your employer to take any action against you in California if you file a workers’ compensation claim or miss work as a result of the injury. Your prior position may not remain available eternally, but any harassment or retribution concerning your claim could be considered discrimination.
If you have additional questions or need help from a workers compensation attorney, contact PLBSH at (800) 435-7542 for a free legal consultation.