California workers’ compensation provides medical treatment needed to recover from work related injury or illness, partial wage replacement during recovery, money compensation for permanent impairment, and help for the employee. It is an insurance policy that provides a defined set of benefits that the State of California mandates all employers provide for their employees. It does not offer pain and suffering, punitive damages or other remedies available under the law for personal injury. Note: It is not necessary to be a legal resident in the United States or California to receive most of the benefits available under workers’ compensation.
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Report The Work Injury And Claim Workers Compensation Benefits in Rancho Cucamonga
When a work accident results in injury, or an illness develops from work activity, it should be reported as soon as possible to the appropriate person at the company (usually human resources or a direct supervisor). In order to protect your rights and start the claims process to collect benefits, you needs to file a claim form in addition to just reporting to your employer. Once a work injury is reported, the employer must directly hand or mail a claim form to you within one working day of learning of the injury or illness. In the event your employer refuses or fails to do this, consulting with a work accident attorney as soon as possible is probably the best option to protect your rights. Remember, even if the claim form is provided, every worker has the right to seek help from a Rancho Cucamonga workers compensation lawyer at any time in the process including completing the claim form. Failing to report a work injury within 30 days could cause the employee to lose their right to receive workers’ compensation benefits – so act quickly!
Once the claim form is obtained, it should be completed and given to the employer and their insurance carrier promptly. Be sure to keep a copy for your own records. Upon receipt of the claim form from the worker, the employer is then required to complete their portion and send it to the work comp insurance company and provide the employee with a copy of the final product as well. In the event you do not receive it with both your portion and the employer’s portion completed, you have the right to request a copy from your employer and the insurance company.
Demand Medical Treatment And Claim Workers Compensation Benefits
In the event you feel you need emergency medical services, call 911 or proceed directly to the nearest emergency room. Enlist the help of co-workers or family members as needed to get to the appropriate medical facility. Once you arrive at for emergency medical care, be sure to inform the medical facility staff that the injury or illness is related to your job. This will help you get the medical bills paid for by the workers’ compensation insurance company at a later date. This is especially important if you lack private health insurance or government sponsored health plan coverage. Following discharge from emergency care or where the situation does not require emergency medical treatment, report the work injury to your employer, file a claim form and demand medical treatment. Under California law, the claims administrator (the person in charge of administering the work comp benefits) is required to authorize treatment and pay for medical care reasonably necessary to cure or relieve the effects of the injury. California Code of Regulations Section 9767.6(b) highlights the urgency for such medical treatment to begin: “Within one working day after an employee files a claim form under Labor Code Section 5401, the employer or insurer shall provide for all treatment, consistent with guidelines adopted by the Administrative Director pursuant to Labor Code Section 5307.27 and set forth in Title 8, California Code of Regulations Section 9792.20 et seq.” (emphasis added).
Call Us For Lawyer Help Claiming Work Comp Benefits!
The claims process can be incredibly stressful, but everyone has the right to receive professional legal assistance to help them through it. Here at our law office, we focus on helping people claim workers comp benefits and navigating the entire process. If your employer is refusing to give you a claim form and send you for treatment, call us for help. If you are not comfortable with the way you are being treated by the adjuster or your doctor, or would like to be sure your rights are protected, we are here for you! An attorney can be reached by dialing 909.325.6032 or by requesting a case evaluation at www.WorkersCompLawyerIE.com.
Originally posted 2014-10-03 22:29:30. Republished by Blog Post Promoter