Suffering a career threatening injury can be a frightening experience. The physical pain and suffering aside, the fact that you might not be able to work for the foreseeable future can make you feel anxious.
As unnerving as the situation might be, it is important for you to take certain steps so that you can receive the compensation and benefits you are entitled to under California law.
Steps to Take after a Career Threatening Injury
Get Medical Help
Call 911 or ask one of your coworkers to get you to the emergency room right away. Tell the doctor that your injury or illness is work related. Do not try to exaggerate or hide any symptoms from the doctor.
Report Your Injury
As soon as you are physically able to do so, inform your supervisor or employer that you have been injured or that you have developed a work-related health condition. Do not – for any reason – wait to report your injury or illness. If you fail to inform your employer about your career threatening injury within a span of 30 days, you might not be eligible to receive workers’ compensation benefits.
Fill Out The Workers’ Compensation Form
After you report your injury, your employer will provide you with a Workers’ Compensation Claim Form (DWC 1). You need to fill out the ‘employee’ portion of the form and give it to your employer. Once you do, your employer will fill out the ‘employer’ portion of the form and give it to the claims adjuster.
Contact a California Workers’ Compensation Attorney
This is perhaps the most important step you need to take after suffering a career threatening injury. It is critical for you to be represented and guided by a skilled workers’ comp attorney, as it is the only way you can make sure your rights are not violated by your employer or the insurance company at any point during the claims process.
The attorney will review your claim, tell you what kind of benefits you are eligible to receive, and make sure you do not make any mistakes that could delay the claims process.
In case your claim is unfairly denied by the insurance adjuster, your attorney can help you challenge the decision by filing an appeal with the Workers’ Compensation Appeals Board (WCAB).
Follow the Doctor’s Instructions
While recovering from the injury, it is important for you to follow your doctor’s instructions. Not doing so can not only affect your recovery, but also make it difficult for you to receive all the benefits you are entitled to.
Need to File a Claim for a Career Threatening Injury? Thomas F. Martin Can Help You!
If you have suffered a career ending injury, attorney Thomas F. Martin can help you get the compensation and benefits you deserve. Over the last 25 years, Mr. Martin has handled thousands of work injury claims and helped his clients get the compensation and benefits they are entitled to under the law.
A highly successful workers’ compensation attorney, Thomas F. Martin is aware of all the underhanded tactics that the insurance company might employ to delay or deny your claim. He can counter them effectively and help you get a substantial compensation that covers the cost of your medical care and lost wages.
For a complimentary consultation, call us at 714-547-5025 or fill out this contact form today.
Nobody expects to get injured on the job. The truth, however, is that every year, thousands of workers are injured in California – due to their own negligence in some cases and due to their employers’ negligence in some other cases. Irrespective of the cause of the injury, any worker who is injured on the job has the right to receive quality medical care and compensation.
Work Injury Rights in California
The first thing you should know about California’s workers’ compensation system is that it is a no-fault system. What it means is that as an injured worker, you are entitled to receive medical care and compensation – even if the injury or illness in question was caused as a result of your own negligence.
Given below is a brief list of your work injury rights in California.
- Right to file a workers’ comp claim
- Right to receive quality medical care
- Right to receive temporary or permanent disability compensation (depending on the nature, extent, and severity of the injuries you suffered)
- Right to return to work only when approved by the physician who treated you
- Right to file an appeal if you are not satisfied with your employer’s or the insurance company’s decision regarding your claim
- Right to be represented by a California work injury attorney during the claims process
Under California law, employers are strictly prohibited from taking any action that might infringe upon or violate a worker’s injury rights. These include:
- Persuading, coercing, or threatening an injured worker into not filing a claim
- Forcing an injured worker to pay their injury-related bills through their own health insurance policy
- Bullying, harassing, or discriminating against a worker or depriving them of their benefits for filing a claim
- Terminating a worker for filing a claim
Work Injury Rights in California – What Are the Benefits and Entitlements You Can Avail?
Cost of Medical Treatment
It covers the costs associated with your evaluation, treatment, and rehabilitation.
Temporary Disability Payments
If you have to take time off work due to a work-related injury or illness, you can qualify for temporary disability payments. You are entitled to receive temporary disability payments for a period of up to two years.
Permanent Disability Payments
If your work-related injury or illness leaves you with a permanent disability, you can qualify for permanent disability payments. You are entitled to receive permanent disability payments for a period of up to 14 years.
Supplemental Job Displacement Benefits
If you are not able to return to your previous job due to your injuries and if you are not offered a suitable job by your employer, you can receive supplemental job displacement benefits, which are meant to cover the cost of your educational retraining or skill enhancement programs.
Need a Lawyer Who Can Protect Your Work Injury Rights in California?
Attorney Thomas F. Martin has over 25 years of experience in handling California work injury rights claims. Rated highly by his clients as well as peers, Mr. Martin is a recipient of numerous awards and professional honors. He can offer you the legal guidance you need, make sure your rights are not violated at any point during the claims process, and help you get the compensation you deserve. For a free and confidential consultation, call us today at 714-547-5025 or contact us online.
It is well known that California’s workers’ compensation system is notoriously difficult to navigate. Unless you are guided by an experienced work injury attorney, you might not be able to get the compensation you deserve.
Choosing the right California workers’ compensation attorney to handle your claim, however, is not an easy task, as you have so many options to choose from. To make your job easier, we have listed four key factors you should consider while choosing a California work injury attorney.
1. Specialization in Workers’ Compensation Law
The first thing you should consider while looking for a workers’ comp attorney is whether they specialize in workers’ compensation law or not.
While a personal injury attorney might also be able to handle a workers’ compensation claim, they will never be able to bring the same level of legal knowledge and expertise. So, you should look for a work injury attorney who exclusively handles workers’ compensation claims.
When it comes to handling workers’ compensation claims, there is absolutely no substitute for experience. A young and inexperienced attorney – regardless of how knowledgeable they are – might struggle to handle a complicated claim – especially if the employer in question is deliberately trying to delay or deny the claim.
An experienced work injury attorney, on the other hand, will be able to spot the employer’s as well as the insurance company’s delaying tactics from a mile away and take the necessary steps to avoid unnecessary delays in the claims process.
Moreover, an experienced work injury attorney is likely to have handled claims similar to yours in the past. As a result, they will be able to handle your claim with confidence, negotiate with the insurance company aggressively, file an appeal if necessary, and help you get the compensation you deserve.
3. Track Record
All the legal knowledge and experience in the world do not matter if an attorney is not able to deliver the results you need. So, it’s crucial to look for a California workers compensation attorney with a track record of recovering substantial compensation for their clients.
What kind of reputation does the attorney enjoy in the legal community? This is an important question you need to ask while choosing a work injury attorney to handle your claim.
A reputable attorney would be willing to go the extra mile to win your case and help you get the compensation you deserve, as they would want to protect their hard-earned reputation at any cost. So, look for an attorney who regularly features on ‘Best Attorney’ lists and has been recognized and honored by professional organizations.
Need a Reliable California Work Injury Attorney to Handle Your Claim?
Attorney Thomas F. Martin has over 25 years of experience in handling workers’ compensation claims. Consistently rated as one of the best workers’ comp attorneys in the state by the Los Angeles Times, Los Angeles Magazine, and several other publications, Mr. Martin has a reputation for recovering substantial compensation for injured workers.
Apart from being a successful work injury attorney, Thomas F. Martin is also a highly sought-after speaker in the legal community. He has the legal knowledge, experience, and resources required to take up any kind of workers’ comp claim – regardless of how complicated it might be.
For a complimentary case review with California work injury attorney Thomas F. Martin, contact us today at 714-547-5025 or write to us online.
At Thomas F. Martin, PLC, Orange County Workers’ Compensation Attorney Thomas Martin has helped many injured workers seek fair workers’ compensation benefits after being in a workplace accident. But no matter how much we enjoy our job and serving injured workers, it would be better if there were no on-the-job accidents in the first place. After all, workplace safety may ultimately be the responsibility of employers, supervisors, regulators, and parent companies.
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According to the United States Department of Labor (DOL), workers’ comp laws across the country could be in for a big change down the road. Currently, most workers’ compensation programs are run at a state-level but talks of developing legislation could potentially add massive federal government oversight. Many organizations, including the popular National Public Radio (NPR), have expressed concern that this would likely lead to a trend of weakening compensation benefits and laws as a whole; other groups with the same sentiment include insurance companies and small-scale employers. (more…)