Under California law, a work-related injury or illness arises out of and occurs in the course of employment.
You must provide written notice of your work-related injury to your employer within 30 days after you were hurt. Filing a claim form with your employer within this time satisfies this requirement.
With a few narrow exceptions, generally you are unable to see your own doctor after the accident. Your employer’s insurance company designates either the first medical provider or a provides a network of participating medical providers for you to choose from.
Not really. “Eligible employees” do not include workers who are classified as independent contractors or freelancers. Additionally, by law, most domestic workers are not eligible.
Workers’ compensation provides several benefits:
Paid medical care, Partial wage replacement while recovering, Permanent disability benefits if there is no full recovery, Supplemental job displacement benefits & Death benefits to surviving dependents.
Workers’ compensation insurance should pay for all medically standard and necessary treatment to get you healthy again. Under state law, that means treatments that are scientifically proven to cure or relieve work-related injuries and illnesses.
This includes diagnostic tests like x-rays and MRIs. Prescription drugs, physical therapy, and even surgery are compensated if necessary for your recovery. Our team will ensure you get expert treatment that will make a difference in your condition and your claim for compensation.
When your employer violates the law by failing to offer you insurance, you may sue them in civil court and collect extra damages. But you can also file a workers’ compensation claim. If you are approved for benefits, you can collect from a state fund called the Uninsured Employers Benefits Trust Fund.
Workers’ compensation provides several benefits:
After a denial you may appeal the decision at a hearing to approve your claim.
Workers’ compensation insurance should pay for all medically standard and necessary treatment to get you healthy again. Under state law, that means treatments that are scientifically proven to cure or relieve work-related injuries and illnesses.
This includes diagnostic tests like x-rays and MRIs. Prescription drugs, physical therapy, and even surgery are compensated if necessary for your recovery. Our team will ensure you get expert treatment that will make a difference in your condition and your claim for compensation.
The insurance company can deny a workers’ compensation claim for a variety of reasons:
You missed the deadline to report your injury or illness.
The insurance company disputes whether your injury or illness is work-related.
The injury or illness is not considered severe enough.
Your claim was filed after you left your job.
You may be able to receive Social Security Disability Insurance benefits in addition to workers’ compensation benefits. However, both benefits may be reduced. Generally, there is no California State Disability Insurance for work-related injuries.
A workers’ compensation attorney from SoCal Workers Comp costs nothing up front. Your attorney agrees to work on a contingency fee basis, which is a percentage of the final settlement or award. The contingency fee also means you pay nothing if your attorney does not win your case.
