As committed workers’ compensation attorneys, we frequently get inquiries from clients about the claim-filing procedure. Although California’s workers’ compensation rules cover almost all workplace accidents, there are a lot of misconceptions about this program and how to start the process of applying for benefits.
We at PLBH are here to assist. Keep reading to learn answers to some of our most commonly asked questions or call us now at (800) 435-7542 for a free legal consultation.
When Am I Qualified to Get Workers’ Compensation Benefits?
You are entitled to submit a workers’ compensation claim if you suffered an on-the-job injury that was directly tied to your work or even just occurred during regular business hours. In California, this also includes chronic injuries like hearing loss brought on by loudness.
Who Is Responsible for Covering Occupational Injuries?
Any approved claims will be paid by your employer’s workers’ compensation insurance carrier, 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.
Am I Allowed to See 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 Does It Take to Start Receiving Compensation?
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 are owed. 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 Instead of Seeking Workers’ Compensation?
No. For occupational injury claims, the California Workers’ Compensation Act is regarded as the “sole and exclusive remedy” in order to ensure that all Californians are afforded the same legal protection. You must adhere to the workers’ compensation system in order to get financial compensation, unless your employer engaged in discriminating or unlawful behavior.
If I’m Receiving Workers’ Compensation, May My Employer Terminate Me?
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. It’s possible that your prior position won’t be available indefinitely, but any intimidation or retaliation in response to your claim may be considered discrimination.
How Long Can I Undergo Treatment?
For as long as it is “medically necessary” to recuperate, you are eligible to payments. This is nonetheless subject to a utilization review (UR), which is carried out by a third party and used to ascertain if your doctor’s care plan is still required. Without a prescription, you are only permitted to receive 24 visits of chiropractic, 24 visits of physical therapy, or 24 visits of occupational therapy, respectively, in California.
Representation That Works in Workers’ Compensation Cases
There are countless other inquiries you might have regarding your job injuries and obtaining compensation, even though these are some of the most frequently asked ones. We always provide free consultations and our attorneys at PLBH strive to provide prompt and effective assistance. You can rely on our staff to assist you with any step of the claims process, from filing to final settlement, when you contact us at (800) 435-7542.