On-the-job injuries or illnesses can limit your ability to function both personally and professionally, and workers’ compensation is available to cover the out-of-pocket costs associated with your injury so you can focus on recovering and moving forward. Collecting on your workers’ compensation requires that you file an application according to a process, and insurance companies might not be thrilled to pay.
Read on to learn more about the process, common pitfalls and issues you might encounter, and how a workers’ compensation lawyer can help ensure you receive the full benefits to which you are entitled. Connecting with one of the Buena Park workers’ compensation lawyers in your area can provide further insight into your claim and move it through the process for you.
Common Work-Associated Injuries
The workplace is meant to be a safe environment for employees so that you are free of risk to your health and safety while you are contributing to an organization in exchange for your wage or salary. Being injured on the job can cost you not only medical expenses but also lost wages while you are recovering or if you experience a disability.
In the U.S., injuries on the job happen quite often, and there were over 2.8 million nonfatal work-related injuries and illnesses reported in a recent year. Injuries on the job might happen due to common accidents like falls, fires, chemical release, crushes, motor vehicle collisions, or even doing the same motion over and over again. Such injuries can include:
- Concussions and traumatic brain injury (TBI)
- Damage to the soft tissues and nerves
- Paralysis or partial paralysis
- Amputations or loss of use of limbs
- Neck and back injury
- Repetitive stress injury
CA Workers’ Compensation: A Short Explanation
The California Division of Workers’ Compensation oversees the process through which your workers’ compensation claim is filed, as well as any appeals that might be necessary if your claim is denied. The point of workers’ compensation insurance in California is to cover your medical expenses, your lost wages associated with your injury, and your other qualified out-of-pocket expenses.
The system in CA is a no-fault system, which means that you can collect whether you or your employer was responsible for the accident or condition that caused the injury. Your employer is required to carry workers’ compensation insurance to pay out on these claims, and in exchange, they cannot be sued for your work-related injuries. This trade-off is valuable to both sides. In addition, if your injury was caused by a third party outside of your employer, you might be able to collect other damages from them by bringing a lawsuit.
What Workers’ Compensation Benefits Can I Seek in Buena Park?
Being injured on the job entitles you to workers’ compensation benefits that are meant to cover your medical bills and your lost wages due to the injury. Medical bills include both the immediate emergency medical care needed, as well as any further assessments, treatments, medication and medical devices, surgery, hospitalization, and any required rehabilitation or at-home care in the long term. The condition of your injury and how long its symptoms will persist determines the next element of your benefits.
The replacement of your lost wages due to your injury will cover wages lost during your injury and its immediate recovery, as well as long-term losses in earnings or earnings ability. If your injury has made it so that you cannot return to work at all for a short period, you might be entitled to temporary full disability payments. If your injury is permanent and you cannot work, it could be permanent full disability payments. For temporary injuries, you could be entitled to partial or full disability payments until you can return to work.
How to File Your Workers’ Compensation Claim
Collecting benefits for your injury starts with you filing paperwork with your employer, as the process does not start automatically. First, you fill out your half of the application and provide as much evidence as you can in support of your claim, then you forward it along to your employer. It is helpful to keep track of this date by using certified mail, or your workers’ compensation attorney can handle it for you.
Once your employer has received your paperwork, they fill out their portion, then forward the claim along to the workers’ compensation insurance company. The insurance company will then carefully assess your application and the evidence you have provided to determine if it meets the necessary standards for approval, and if so, what amount will be paid out.
Without the right evidence and a properly filled-out application, your claim will be denied. Knowing what the insurance companies are looking for takes experience to learn, and a workers’ compensation attorney has the experience you need to support your claim.
Some Problems and/or Delays Your Claim Might Face
When you file your workers’ compensation benefits claim, you might need benefits as soon as feasibly possible so that you can begin covering your medical bills and supporting your family. Delays in payment or incomplete payments can be detrimental to your financial stability and your capacity to recover from the injury.
Common reasons that workers’ compensation insurance companies deny claims are:
- Claiming that your injury does not prevent you from working
- Claiming that your injury happened outside the workplace or was pre-existing
- Requiring that you visit their own doctor, whose diagnosis might differ from your own
- Challenging the completeness or accuracy of your application
Connect with a Buena Park Workers’ Compensation Lawyer Now
To support the outcome of your claim and to ensure that you receive benefits that fully cover your damages and out-of-pocket costs, contacting a workers’ compensation attorney as soon as possible provides you support on your claim. Your attorney also handles all negotiations and communications with the insurance company for you, removing the stress from your day-to-day life. Reach out to a local Buena Park workers’ compensation lawyer to discuss options on your case and schedule a consultation today
