Workers’ compensation law protects employees who suffer job-related injuries or illnesses. In California, it is a state-mandated insurance program that offers several benefits to workers. Here are some of the most frequent questions about Workers’ Compensation in California.
Who is eligible for workers’ compensation?
Most California employees, including full-time, part-time, and temporary workers, are eligible for workers’ compensation. Verifying your employment status is essential to understanding your eligibility.
What types of injuries are covered?
Workers’ compensation in California covers a broad range of injuries and illnesses. These include physical injuries from accidents, repetitive stress injuries like carpal tunnel syndrome, and illnesses caused by workplace conditions, such as respiratory problems from inhaling toxic substances.
How do I file a workers’ compensation claim?
To file a claim, you must report in writing your injury to your employer as soon as possible and within 30 days. Your employer must then provide you with a claim form (DWC-1). Fill out the form and return it to your employer, who will then file it with their Workers’ Compensation insurance carrier. It is crucial to keep copies of all documents for your records.
What benefits are available?
Workers’ Compensation benefits in California include medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits and death benefits for dependents.
How long does it take to receive benefits?
The time frame for receiving benefits can vary. Your employer must approve medical care one day after learning about your injury. Temporary disability payments usually start within 14 days after your employer learns about your injury. Other benefits may take longer, depending on the specifics of your case.
What should I do if they denied my claim?
If the insurance company denies your claim, you have the right to appeal and request a hearing before a Workers’ Compensation judge. An experienced worker’s comp attorney can help you to file the Application for Adjudication of Claim, gather documents, give notice to the parties and finally file the Declaration of Readiness to Proceed.
Can I choose my own doctor?
Choosing or predesignating your doctor means telling your employer in advance that you want your own doctor to treat you if you get hurt at work. To do this, you must give your employer a written notice with your doctor’s name and address before any injury occurs. Additionally, you need health insurance for non-work-related injuries or illnesses at the time of the injury, and your doctor must agree to be predesignated.
What happens if I can’t return to work?
Your treating doctor should determine if you can return to work and if adjustments will be necessary. However, if you can’t return to work you may be eligible for vocational rehabilitation or job displacement benefits if you cannot return to your previous job. These programs help you acquire new skills or find new employment opportunities.
If you want to learn more about workers’ compensation, it’s advisable to consult a lawyer. They can give you tailored advice and help you understand your rights. Also, because laws can change, it’s important to stay updated.