California employees are responsible for ensuring they provide a safe working environment for their employees. If an employer fails to uphold this duty and you suffer an injury while on the clock, you may have a right to compensation.
The compensation process can be somewhat challenging because not many people get to file a workers’ compensation claim more than once in a lifetime. This article offers a guide into the process but cannot be a substitute for getting legal advice from a workers’ compensation lawyer.
Where To Start
Your health should be a priority if you have suffered an accident at work or you discover that you have suffered a work-related illness. If it’s an accident, seeking medical treatment ensures you stay out of danger and helps create a paper trail that links your injuries to a specific time and place, something that a California workers’ compensation lawyer Scott Silberman, can help you navigate effectively.
Depending on the nature of the injuries suffered, you can call 911 to have paramedics come to the scene, or you can go to the ER yourself, preferably within 72 hours of suffering the accident. If it is a work-related illness, seek medical attention when you suspect you have developed the problem.
Evidence Gathering
You will need evidence to build your case, and the best time to start is right from the scene if you suffer an accident.
Start by taking pictures and recording video footage if you have a phone with you. If not, ask an onlooker to document the scene for you.
You must also keep your medical records, receipts, invoices, etc., safe because they will become critical in proving your case.
Notify Your Employer
Employees have up to 30 days to report an accident to their employer if they hope to recover compensation. Unless you have a valid reason for not filing an accident report within this window, it could mean losing your right to compensation.
Also, the sooner you file a report, the better. After filing a report, you will need to get a copy of the report, which you will include in your evidence.
The Filling Process
Unlike other tort claims where you go directly to the at-fault party’s insurer, you must work with your employers in the claims process.
The state-run workers’ compensation program obligates the employer to assist employees as much as possible by providing them with official claims forms. If you do not get it from your employer, you can get one from the state’s Board of Workers’ Compensation.
After you fill in the form, you will forward it to the employer, who will forward the claim to the insurer for evaluation. After evaluation, the insurer will communicate with the employee about the status of their claim, which can be an approval or rejection. If approved, the insurance company will notify the employee how much they are entitled to.
Recoverable Damages
Workers’ compensation operates on a no-fault basis. As such, workers have a right to compensation even when they could be at fault in the accident, with only a few exemptions, such as when the employee was intoxicated or engaged in an altercation that they initiated without provocation.
The no-fault approach comes as a trade-off because an employee loses the right to non-economic damages. In most cases, you will not need a lawyer. However, you should consider getting one if you feel that your insurer or employer is not cooperative or engaging in tactics to lower your claim.
Final Words
The workers’ compensation process may feel complicated, but breaking it down into clear steps can help you stay on track. Make sure to get medical care right away, gather evidence, and report your injury to your employer quickly. While the process is usually straightforward, getting help from a lawyer can be a good idea if you run into problems.
By following the right steps, you can improve your chances of getting the compensation you need to recover.
