File a Workers’ Compensation Claim
Workers’ compensation exists to prevent costly‚ drawn-out litigation between workers and employers and to provide workers with financial assistance in case of a workplace accident. An employee who has suffered an injury on the job may not file a lawsuit against the employer‚ but he or she may file a workers’ compensation claim and collect the following benefits:
- Medical coverage during recovery
- Supplemental job voucher
- Total temporary disability payments
- Permanent disability payments
The state of California does not provide workers’ compensation benefits unless the employer is uninsured‚ in which case the worker should be provided with benefits from the Uninsured Employers’ Fund (UEF). Otherwise‚ the employer should be able to provide compensation through a private insurance company‚ the California State Compensation Insurance Fund‚ or out of their own pockets.
In California, pain and suffering is not covered by workers’ compensation.
How to File a Workers’ Compensation Claim in San Diego
After a workplace accident‚ you should immediately report your injury to your employer. If you develop repetitive stress injuries‚ such as carpal tunnel syndrome‚ then you should report them to your employer as soon as the symptoms are apparent or you receive a proper diagnosis. Do not delay making your injuries known to your employer; you will not only slow down the workers’ comp process‚ but you may even get denied from receiving benefits if you wait too long.
After you report your injury‚ request and complete a claim form. Be sure to fill in all the details on what‚ where‚ when‚ and how the accident occurred and the injury was sustained. The more thorough your account‚ the better your chance will be for a successful claim. File the claim and other necessary reports and you should start receiving your benefits in a matter of days‚ if not immediately.
Workers’ Comp Benefits Details
An injured worker should receive coverage for the medical care he or she needs to be relieved of the effects of the injury. This coverage includes hospital fees‚ doctor bills‚ medicine‚ lab tests‚ diagnostic tests‚ crutches‚ and even travel expenses. Some forms of medical care may be limited or require pre-authorization under State law. Communicate with your claims administrator to ensure you receive the care you need.
If your injury causes you to temporarily lose the ability to perform your job duties‚ you may receive temporary disability (TD) benefits until the physician confirms that you are able to return or your condition stabilizes. The TD benefits amount is typically two-thirds of your wages. As of 2014‚ the minimum is $161.19 per week‚ and the maximum is $1‚074.64 per week. The weekly rates are subject to changes based on the State Average Weekly Wage.
If you’ve suffered an injury that has more permanent effects‚ you may receive permanent disability (PD) benefits. The calculation of your PD benefits will depend on the doctor’s evaluation of your injury‚ your age‚ previous occupation‚ type of injury‚ and date of injury. You may have your attorney file a complaint with the Division of Workers’ Compensation if you disagree with the doctor’s evaluation.
Lastly‚ death benefit payments are provided to financial dependents of deceased employees as determined by state law. These payments are similar to TD payments; however‚ death benefit payments cannot be less than $224 per week. Burial allowances of up to $10‚000 are also provided by workers’ compensation.
Ensuring You Get the Compensation You Need
Obtaining the compensation you deserve means first reviewing your options with the proper legal team. If you’ve recently been hurt while on the job‚ contact a San Diego work injury lawyer at the Jurewitz Law Group Injury & Accident Lawyers and get the facts about the California Workers Compensation Act. You may be entitled to more than you think.
Call San Diego’s injury and accident law firm, Jurewitz Law Group, at (619) 233-5020 or (888) 233-5020 today.