Workers’ Comp FAQs

Navigating the workers’ compensation system can be confusing, especially when you’re dealing with the anxiety caused by a workplace injury. To help you better understand your potential rights and the process, we’ve compiled the following general information:

1. What Is Workers’ Compensation?

Workers’ compensation provides benefits to employees who are injured or become ill because of their job. These benefits typically pay for medical expenses, and temporary and permanent wage replacement benefits.  Workers’ comp is designed to protect both employees and employers by ensuring that injured workers receive medical and financial help, and employers are protected from lawsuits.

2. Who Pays for Workers’ Compensation Benefits?

Employers, and their workers compensation carrier if they have one.

3. What Should I Do If I’m Injured at Work?

If you’re injured at work, the first step is to report the injury to your employer. 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, get 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.

4. Can I Choose My Own Doctor?

In many cases, your employer or their insurance company will have a list of approved healthcare providers that you must use for your initial treatment. However, after a certain period or under certain circumstances, you may have the right to choose your own doctor. It’s important to understand the laws that apply to your specific situation.

5. What Benefits Am I Entitled To?

Workers’ compensation benefits generally include coverage for medical expenses, temporary and permanent disability benefits. Temporary disability benefits replace a portion of your lost wages while you are recovering, whereas permanent disability benefits may be available if your injury results in a long-term impairment.

6. How Long Does It Take to Receive Benefits?

Once the injury or condition is reported to the employer, the benefits should be immediate. Typically, once you file a claim, the insurance company will investigate and make a decision within a few weeks. If your claim is approved, benefits should start immediately thereafter. However, if there are complications or if your claim is denied, it could take longer.

7. What If My Claim Is Denied?

If your workers’ compensation claim is denied, you have the right to challenge the decision. This process can involve a hearing before a workers’ compensation judge, where you can present evidence and argue your case. It’s often beneficial to have an experienced workers’ compensation attorney represent you during the appeal process to help improve your chances of a successful outcome.

8. Can I Be Fired for Filing a Workers’ Comp Claim?

It is illegal for an employer to retaliate against an employee for filing a workers’ compensation claim. This means you cannot be fired, demoted, or otherwise penalized for seeking the benefits you are entitled to. If you believe you’ve been retaliated against, you may have grounds for a separate legal claim against your employer.

9. Do I Need a Lawyer to File a Workers’ Comp Claim?

While you are not required to have a lawyer to file a workers’ comp claim, having legal representation can be beneficial, especially if your case is complex or if your claim has been denied. An experienced workers’ compensation attorney can help ensure that you receive the full benefits you deserve and can assist you through the entire process.Have more questions? Thomas F. Martin, PLC is here to help. We offer a free and confidential case evaluation to answer your questions and guide you through workers’ compensation considerations. Call us today at (714) 547-5025.

Also read: Finding the Best Workers’ Compensation Representation For Tustin Residents