Maison Law represents mechanics injured on the job in California. Injured workers are entitled to workers’ compensation through their employer to provide them with medical and financial coverage. Mechanics are no exception to these benefits. Working with dangerous machinery and heavy car parts, mechanics are at a higher risk of injury than most other industries in California.
So, if you’ve suffered an on-the-job injury as a mechanic, you’ll need the full extent of your workers’ compensation to cover all the costs of your work-related injury. The workers’ compensation attorneys at Maison Law can help you obtain maximum compensation for the damages done to your life from a work-related accident. Contact Maison Law today for a free consultation and case evaluation.
Do I Qualify for Workers’ Compensation Benefits?
In California, you qualify for a workers’ compensation claim if you experience a work-related injury or illness while employed by a company. By California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. Mechanics injured on the job are entitled to temporary disability benefit payments. Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
How to File a Mechanics Workers’ Compensation Claim in California
Telling your boss about your work-related injury is a great first step, but that alone does not make you eligible for benefits through the workers’ compensation program. You must complete the following steps to receive and submit a workers’ compensation form:
- Tell your manager, supervisor, or someone in the administration department at your job about your work-related injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation.
- Request a Workers’ Compensation Claim Form (DWC 1) from your employer. They’re required to give you one or send it via mail within one working day after your injury is reported.
- Fill out the form listed above to request benefits from the workers’ compensation program at your workplace. Describe your illness or injury in great detail and fill out only the employee section of the form.
- Give the form back to your employer as soon as possible. Any delay in filing your workers’ compensation claim may have a negative impact on your claim.
Once you’ve completed and submitted a DWC 1 form to your employer, should seek out treatment from a doctor who understands your particular type of injury. The doctor you choose will be known as your “primary treating physician” throughout the workers’ compensation process. The role of this doctor is to:
- Prescribe care for your job-related injury
- Manage your overall care
- Help determine when or if you can return to work
- Help identify the kinds of work you can do safely while recovering
- Refer specialists if necessary
- Write medical reports that will help determine the benefits you can receive
When working through your injuries with your primary treating physician you should be open and honest about all of your symptoms. Describe the events at work and what you believe led to your overexertion injuries. If you do end up filing a workers’ compensation claim, your doctor will play a large role in certifying the legitimacy of your injuries and the damage done to your life.
How Can a Lawyer Help Me With My Mechanic Workers’ Compensation Claim?
Unfortunately, there are a lot of issues that can arise after a work-related injury. You may require surgery. You may be unable to return to your line of work. While workers’ compensation may cover your medical treatment and provide you with partial wages, it can fall short in providing coverage for all your needs. For instance, your claim could be denied, or your benefits cut off before you are well enough to return to work.
A workers’ compensation attorney can advocate on your behalf to get you additional medical treatment, as well as file a lawsuit against workers’ compensation for under-compensating your or providing inadequate care for your injuries. The majority of lawsuits against workers’ compensation end in a settlement agreement.
Workers’ compensation settlements are paid out via Compromise and Release, or through Stipulated Findings and Award. A Compromise and Release is a lump sum awarded to the injured victim to end the workers’ compensation claim. A Stipulated Findings and Award is a judge’s determination based on evidence to award an injured worker compensation benefits. A trial must be conducted for there to be a Stipulated Findings and Award. An attorney will help you build your case and represent you in court.
Contact a Mechanics Workers’ Compensation Lawyer in California
It is recommended to speak to a lawyer as soon as you suffer a work-related mechanic injury. Maison Law specializes in the complex legal process of workers’ compensation claims. Our firm will build a strong claim on your behalf and file a lawsuit against workers’ compensation, as well as the liable party’s insurance. For expert legal counsel, contact Maison Law today for a free consultation and case evaluation. There are no upfront charges for our services and you will not have to pay a cent unless we win your case.
