Maison Law helps workers through the workers’ compensation process when they get hurt at work in Stockton. It’s something that often gets overlooked, but you could just as easily be injured at work as you could anywhere else. But that brings its own challenges and processes. We can help you through it all. Set up a free consultation today.
Do I Need a Lawyer?
Getting hurt at work throws everything off. One day you’re doing your job like normal, and the next you’re dealing with doctor appointments, paperwork, missed paychecks, and questions about whether your claim is even going to be approved. That’s a lot to take on when you’re trying to recover.
The good news is that you don’t have to figure it all out by yourself. Our team can step in and help by:
- Explaining your rights and the workers’ compensation benefits you may be able to get
- Investigating your workplace accident and getting evidence that supports your claim
- Helping you complete and file the claim correctly
- Handling the hard talks with your employer, the claims administrator, and the insurance company
- Pushing back if your claim is delayed, denied, or your benefits don’t meet what you’ve actually been through
Your first priority should always be getting the medical care you need. After that, it’s about making sure your claim is handled the right way so you can focus on getting better.
How to File For Workers’ Compensation After a Workplace Accident
Even though California requires most employers to carry workers’ compensation insurance, benefits don’t automatically kick in after you’re hurt. You still have to go through the claims process, and there are a few important steps along the way.
- Report the injury. Everything starts here. Tell your employer what happened as soon as you can. Once you report the injury, your employer has to give you a workers’ compensation claim form (DWC-1) within one working day. Fill it out and turn it in to your employer.
- Get medical care. At the same time, your health should be your priority. As you report your accident, also make sure that your employer calls an ambulance so you can get medical care. From there, make sure to get follow-up care and stick to your treatment plan. This is going to be important later.
- Claim review. Once your paperwork is turned in, a claims administrator will start looking at things like:
- Your medical records
- Your employer’s accident report
- Statements from witnesses
- How and where the injury happened
This is also when your employer’s workers’ comp carrier—which is just an insurance company—starts deciding what you should get in terms of benefits.
- A decision gets made. After reviewing everything, the insurance company will approve your claim, deny it, or ask for more information. In most situations, they have up to 90 days to make that decision.
- If there’s a dispute, your benefits might be delayed, denied, or cut off before you should be back at work. At that point, we can help represent you in a hearing with the California Workers’ Compensation Appeals Board. That won’t come until later
- If there’s a dispute, your benefits might be delayed, denied, or cut off before you should be back at work. At that point, we can help represent you in a hearing with the California Workers’ Compensation Appeals Board. That won’t come until later
- Returning to work. Eventually, your doctor will decide whether you’re ready to go back to work. Some people return without restrictions. Others may need lighter duties, fewer hours, or permanent work restrictions depending on what their injuries are and how they’re healing.
Every workplace injury is different, which means every workers’ compensation claim is different too. But understanding the process ahead of time can make it a little easier to know what to expect.
What Benefits Can I Get Through Workers’ Compensation?
One of the best parts about a workers’ compensation claim is that you don’t have to show fault or negligence to get benefits. You simply file your claim and the administrator either approves it or denies it. In that respect, it’s pretty straightforward.
Of course, it doesn’t always work that way in real life. Your employer’s workers’ comp carrier has the power to review things in their own way and decide how much you get in benefits. But those benefits don’t necessarily change from case to case. They usually include things like
- Medical treatment related to your injury
- Temporary disability payments while you’re unable to work
- Permanent disability benefits if your injury leaves lasting limitations
- Supplemental job displacement benefits for retraining in certain situations
- Death benefits for surviving family members after a fatal workplace accident
These benefits can make a huge difference while you’re recovering, but again, they’re not automatic. That’s also why it’s important to ask another question.
Is Workers’ Compensation My Only Option?
Although nobody wants to get injured at their job in Stockton, when it does happen, workers’ comp might not be your only option for getting financial help. However, the tradeoff is that if you need to go through a civil injury claim, you have to show negligence caused the accident and your injuries.
That just means that someone was being careless or otherwise neglected to take steps to keep you safe. In a typical work accident, that might mean:
- A driver who crashes into you while you’re working or driving for your job.
- A subcontractor or another company that created unsafe conditions on a construction site or other worksite.
- Defective equipment or machinery that malfunctioned and caused your injuries.
- A property owner who failed to fix or warn you about dangerous conditions on their property.
Unlike workers’ compensation, a personal injury claim gives you fuller “damages” relating to what you’ve lost. Normally, that includes things like:
- Current and future medical expenses
- Current lost income or a loss of future earnings
- Repair/replacement costs for your car, gear, or other property
- Pain and suffering
- Emotional distress
- Reduced quality of life
It’s also worth noting that civil injury claims have to be filed within two years of the date of the accident.
What Kinds of Things Lead to Workers’ Comp Claims in Stockton?
There’s a lot that can lead to an injury at work in Stockton, and it’s not always just on construction sites or manufacturing plants. Any worker in Stockton faces certain types of things that can cause injuries that lead to workers’ comp claims, usually involving:
- Slip-and-falls
- Car accidents (if you drive for work)
- Repetitive stress injuries from everyday moves like bending, lifting, typing, etc.
Of course, there’s also more dangerous jobs that are more commonly associated with workers’ comp claims, usually coming out of:
- Electrocution
- Crush injuries from equipment
- Falls from scaffolding or heights
- Chemical exposure
- Illness from dust, silica, or fumes
Again, no worker wants to get hurt at their job. But when one of these things happens to you on the job, workers’ comp is there to help you get back on your feet. And our team will be with you from the beginning to guide you through the process.
Frequently Asked Questions
How long do I have to tell my employer about my injury?
California gives you 30 days to report a work injury, but it’s always better to let your employer know as soon as you can. Reporting it early helps move things along and gives you a better chance at getting fuller benefits.
How long do I have to file a workers’ compensation claim?
In most situations, you have one year from the date of your injury to file your claim. It’s best to not put it off, though.
Can my employer fire me for filing a workers’ compensation claim?
Your employer can’t legally retaliate against you for filing a workers’ compensation claim. If you were fired or treated differently because you filed your claim, you might have other options outside of workers’ comp.
Talk to Maison Law About Your Stockton Workers’ Compensation Claim
Just because you’re at work in Stockton doesn’t mean you won’t be injured in an accident. And it brings all the same problems, with even more added stress because you don’t know where you may stand with your employer as you move through the workers’ compensation process.
At Maison Law, we’re here to answer your questions, explain your options, and help you get back on your feet and back to work. If you’ve been hurt on the job in Stockton, set up a free consultation today to talk through your options.
