Hurt at Work?
Workplace injuries can happen to anyone, at any time. Injuries can happen suddenly, or gradually over time. If you do suffer a work related injury or condition, you may be feeling overwhelmed and uncertain about what steps to take next. Can you get medical treatment? (Yes!) Can your employer fire you or punish you if you report the work injury or condition? (That would be against the law!) It’s crucial to understand your rights and the options available to you, so you can make informed decisions about your future.
1. Reporting the Injury Or Condition
Sometimes your injuries don’t give you’re a choice – you must take care of your health. Getting information about your options before you report the injury to your employer may be a good first step. If you have suffered an injury on a particular date, report it immediately, or you will jeopardize your rights. If the work-related injury is developing over time, consider getting legal advice as soon as possible so you can consider your options. California law has strict deadlines for reporting injuries, and missing those deadlines can result in the denial of your claim.
2. Seek Medical Attention
Even if your injury seems minor, it’s important to seek medical attention right away not only to secure the treatment you need, but also to document the injuries. Some injuries may not be immediately apparent, and delaying treatment can worsen your condition and complicate your workers’ compensation claim. Following the report of your work injury, your employer may have a designated healthcare provider for workplace injuries and should be providing all the care you need. If your employer or their physician ignores all or some of your work injuries, you may be able to select your own physician to do what needs to be done.
3. What Happens After You File a Workers’ Compensation Claim
After filing a workers’ compensation claim, your employer is required to provide immediate medical care and wage replacement benefits. You should cooperate with filling out specific forms and providing documentation of your injury. Keep in mind that the employer’s insurance company may request additional information or conduct an investigation before accepting your claim. It’s important to be thorough and truthful throughout this process to avoid any potential complications.
4. Know Your Rights
As an injured worker, you have rights that must be respected by your employer and their insurance company. For example, you have the right to receive medical treatment and wage replacement benefits if your injury prevents you from working. You also have the right to appeal a denied workers’ compensation claim and denied benefits. Unfortunately, some employers or insurance companies may try to minimize your injury or condition and try to pressure you into accepting less than you are entitled to. Knowing your rights can help you fight back.
5. Consider Legal Assistance
Navigating the workers’ compensation system can be complex and confusing, especially when you’re dealing with an injury. If you’re unsure about your rights, consider consulting with a workers’ compensation attorney. An experienced attorney can help you understand your options, negotiate with the insurance company on your behalf, and represent you in any legal proceedings. Having professional legal guidance can make a significant difference in the outcome of your case.
6. Explore Additional Compensation Avenues
In some cases, workers’ you may have additional claims outside of workers’ compensation. For example, if a third party (someone other than your employer) was responsible for your injury, you might have grounds for a personal injury lawsuit. Similarly, if your injury was caused by a defective product, there may be other avenues for compensation. An attorney can help you explore all your options to ensure you receive the full amount of compensation you deserve.
If you’ve been hurt at work and need guidance, Thomas F. Martin, PLC is here to help. We offer a free and confidential case evaluation to discuss your situation and explain your options. Call us today at (714) 547-5025 to schedule your consultation.
Also read: Discovering The Best Workers Compensation Attorneys For Residents Of Brea
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