When you’ve been injured at work or in the process of completing work related duties, you can often get workers’ compensation benefits. Yet, it is not as simple as just telling someone you’ve been injured and then billing the insurance for your medical treatment and lost wages. You have to know how to start your workers’ compensation claim, be prepared to provide evidence, and know that your claim might be initially denied, even if it is valid.
For this reason, we strongly recommend that you contact a San Diego Workers’ Compensation Lawyer to discuss your California workers’ compensation claim with an experienced injury attorney and have the representation that you need to get the compensation and benefits that you are owed. En Español.
Steps to Take Following a Work Related Injury
The first steps that you take after a work-related injury are extremely important. For one thing, you have to notify your employer as soon as possible, seek medical attention right away, and begin the workers’ compensation claim process as soon as you can, to avoid running out the statute of limitations. If you fail to notify your employer, fail to seek prompt medical treatment, or simply don’t start your claim in time, all of this can keep you from ever receiving workers’ compensation for your lost wages and medical needs.
When you notify your employer that you have been injured, you must do so directly. Do not discuss your injuries with anyone else or rely on a co-worker to report the incident. In some cases, your employer will be immediately aware, such as if there is a medical emergency that involves first responders and a quick trip to the hospital. In some cases, such an emergency will allow that employer notification requirement to be waived. Even so, as soon as you can, you should inform the employer in writing, so that nobody can say that you didn’t.
At this point, it is up to your employer to submit a report to the workers’ compensation board in California and also alert their workers’ compensation insurance provider. If your employer does not do this, then you can take steps yourself to ensure that your claim is started in a timely manner. Again, you would be wise to consult a San Diego workers’ compensation attorney to ensure that everything goes smoothly and that nobody makes any mistakes in the process.
Potential Benefits Available
Depending on the nature of your work related injuries, there are various types of benefits that you can receive with a workers’ compensation claim. You can receive coverage for your medical expenses, temporary disability benefits to cover your lost wages, permanent disability benefit if you cannot recover from those injuries, opportunities to receive free training for jobs that are within your new physical abilities, and death benefits if you should pass away from your injuries, so that your family and dependents will be taken care of.
Appealing a Compensation Claim
It is important to be aware, after a workplace injury, that even if you do everything right, your claim could still be denied. This doesn’t mean that your claim is invalid or that you can’t still receive workers’ compensation benefits. It only means that you’re going to have to work harder for it and complete the appeals process with the guidance of an experienced San Diego workers’ compensation attorney, like those at the Sargent Law Firm.
If you work with an attorney from the very beginning, then you can ensure that you don’t get denied for simple mistakes that people often make. For instance, you might have just filled out forms incorrectly or made some kind of a typo that prevents you from being approved for workers’ compensation benefits. If something like this happens to you, an attorney can help. Though, if you work with an attorney from the start, you are less likely to run into such errors.
There are many other reasons that a workers’ compensation claim might be denied, however. For instance, the workers’ compensation insurance company might come to the conclusion that your injuries are not covered. It could be because they don’t consider you to be an actual employee of the company or that they think your injury was caused by something not work related. If you were in a work-related auto accident, they may not think that it was actually a work-related incident, even though you can prove it was. That is where it becomes necessary, in fact, to start proving your case with evidence.
Hiring a San Diego Workers’ Compensation Lawyer
If you work with an attorney from the beginning of the workers’ compensation filing process, then you are more likely to get the results that you’re seeking, sooner rather than later. Yet, many people start their workers’ compensation claim on their own and expect that they will be covered as they are entitled to be.
If you have started your claim and it has been denied, then it is time to appeal. If you don’t already have a skilled and dedicated San Diego workers’ compensation attorney on your side, then this is the time to get one. The attorneys at the Sargent Law Firm will help you with every step, and fight for your right to fair benefits and compensation. Call today to learn more.