What Every California Employee Needs to Know About Workers’ Comp

While the workplace has become safer over the past few decades, and worker injury rates have decreased, obviously injuries still occur on a daily basis.

The workers’ compensation system is complex, and a work injury lawyer in Orange County can be of assistance in navigating the California workers’ compensation system. Almost like your “tour guide” through the system.

Here are some general answers to common questions:

1.   What is workers’ compensation?

Workers’ compensation is a form of protection for employees that employers must have to pay for workers that are injured on the job. Wage replacement benefits are provided as well as medical treatment at not cost to the injured employee.

2.   What should I do if I’m injured at work? 

A Worker who gets injured at work or sustains a work-related illness should tell their supervisor as soon as possible and fill out a claim form. Prompt reporting will help the worker gets the medical care and benefits they deserve. The employer should investigate the accident and immediately file your claim with their insurance company. Once the employer receives the completed claim form from the employee, they are required to fill out their portion of the form. Workers who need medical treatment should get it immediately.

3.   Do I need to fill out the DWC 1 claim form?

Workers generally must complete the DWC 1 claim form to start the process of obtaining benefits. Otherwise, the employer may later say they didn’t know about the injury or illness you reported.

4.   What kinds of benefits am I eligible for?

After reporting a work injury, a worker may be eligible for the following immediate benefits:

·         Up to $10,000 in treatment while the claims administrator investigates the claim.

·         Wage replacement benefits if a physician determines that injury prevents working, or the employer refuses to honor your work restrictions.

If the claim is accepted, injured workers may qualify for the following benefits:

·         Continuing medical treatment

·         Temporary disability benefits

·         Permanent disability benefits

·         Future medical care

·         Supplemental job displacement benefits

·         Other benefits required by law

5.   Do I need a workers’ comp lawyer?

Injured workers should consider obtaining a free consultation with an Orange County workers’ compensation lawyer if:

·         The physician assigned to the case is not providing appropriate treatment

·         Treatment is being denied by the insurance company

·         The employer or insurance carrier denies the accident or injury is work-related

·         The employer doesn’t file the necessary paperwork on time

·         It appears there will be permanent disability

·         The settlement doesn’t cover all lost wages and medical bills

·         They have a preexisting condition the insurance company is using as an excuse not to pay benefits

·         They plan to file for Social Security disability benefits

·         The employer retaliates against the injured worker even though the injury or illness is work-related

·         Another person or company may be responsible for the injury

Your rights can be lost if a claim is not pursued promptly. Delays in making a claim may result in the statute of limitations barring the claim forever. Act promptly.