Maison Law helps workers in Long Beach through the claims process when they file for workers’ compensation. You never want to be in a position where you need workers’ compensation, but it’s there for you. That said, the claims process is rarely easy. If you need help or want to know more about your options, contact our team today for a free consultation.
Do You Even Need a Lawyer?
You’re not required to get a lawyer when you file a workers’ compensation claim. In fact, you don’t even need to actually prove anything–you simply file the claim and start receiving benefits. The reality, though, is that you’re dealing with injuries or illness, and that makes everything harder. So, while you don’t technically need a lawyer, having one can really help you.
What’s more, our team at Maison Law has a wealth of experience and resources to help you with your claim by:
- Explaining the process and what benefits you can get.
- Helping you gather medical records, witness statements, and other documents to support your claim.
- Preparing you for any necessary exams and representing you at hearings if needed.
- Working to make sure you get fair benefits from your employer’s workers’ compensation insurance.
Dealing with injuries or illness is hard enough on its own, but even more so when it happens at work. You’re not only dealing with medical bills, but also missed work and potentially losing your job. Our team understands what you’re facing and can make things a bit easier for you and your family.
What Are the Benefits Available With Workers’ Compensation?
It’s fairly easy to see why you’d need workers’ compensation, and more to the point, there’s no injury or illness situation that disqualifies you from getting benefits when you file–as long as it happened at work or during job-related activities.
Still, there’s the prospect of what actually happened and what benefits are available to you. Usually, you can get:
- Medical expenses – This covers doctor visits, treatments, medications, and other necessary medical care.
- Temporary Disability (TD) – These benefits give you about two-thirds of your average weekly wage if you can’t work temporarily, typically for up to 104 weeks (or longer for certain conditions).
- Permanent Disability (PD) – Similarly, these benefits are based on your disability rating if you have a long-term or permanent injury that limits your ability to work.
- Occupational costs – These benefits are designed to pay for new skills or training if you can’t return to your old job.
- Death benefits – These apply in situations where your injury or illness results in death, and provides financial support to your dependents and covers things like funeral and burial costs.
Make sure to file your claim within one year of your injury or when you discover your illness. Filing as soon as possible can help you start receiving benefits faster.
How Can You Strengthen Your Workers’ Compensation Claim?
Even though you don’t have to prove fault in a workers’ comp claim, there are still important steps you should take to protect and strengthen your case for benefits:
- Get medical care quickly – Your health should be your top priority. Get medical attention right away. Start with first aid, then visit the hospital for serious injuries or urgent care for less critical issues. Keep all records of treatments and prescriptions to back up your claim.
- Report to your employer – In California, you must report any workplace injury or illness within 30 days, but it’s best to report it as soon as possible. If you’re hurt, notify your supervisor immediately and request first aid. Then, go to HR and ask for the workers’ comp claim form (DWC-1). Once you complete and submit it, you can begin receiving benefits.
- Be honest – The insurance company will review your medical records and may ask questions to investigate your claim. Be honest, consistent, and provide evidence such as medical documents or witness statements to help the process go smoothly.
- Follow doctor’s orders – Your claim may require you to see a doctor selected by the insurance company, known as a Qualified Medical Evaluator (QME), but you can also see your own doctor. Follow any orders the doctor gives you, go to your appointments, and stay on track with your treatment to show you’re serious about recovery. Keep accurate records of your progress.
- Be cautious – When talking to your employer or the insurance company, avoid giving detailed statements about your injuries or illness–just stick to the basic facts. Don’t do things like post about your injury on social media, and make sure to follow your doctor’s restrictions to protect your credibility and your claim.
Remember, every situation is different. Your claims process may differ from others, but taking these steps will give your claim a solid foundation, and will protect you from the insurance company’s attempts at devaluing it.
What Makes a Workers’ Compensation Claim Necessary?
It’s pretty easy to see why you would need to file for workers’ comp–you’ve been injured or sick because of your job. But it’s still a tough and overwhelming process, and if you’re seriously hurt or sick, it can be even harder to go through.
Workers’ comp isn’t limited to high-risk jobs–workers in Long Beach, no matter their job, can face situations that require filing a claim. Most of the time, though, it involves the following:
- Slip and falls – Hazards like wet floors, poor lighting, or uneven surfaces can cause accidents at any workplace, from offices to warehouses.
- Repetitive Stress Injuries (RSIs) – Jobs that require repetitive motions, such as typing, lifting, or factory work, can lead to long-term injuries.
- Car accidents – If your job involves driving–making deliveries, business travel, driving to or from job sites–you may be at risk of accidents that result in injury.
- Harmful substances – Working with chemicals, pesticides, or hazardous materials can cause health issues like respiratory problems or skin conditions.
- Equipment accidents – Working with heavy equipment can be dangerous, especially if safety precautions are inadequate or machines malfunction.
- Burns – Jobs in construction, farming, or food service may expose workers to risks like burns, fires, or smoke inhalation.
- Construction accidents – Jobs in construction have inherent risks such as falls, equipment malfunctions, or unsafe structures.
Remember, you don’t need to prove fault. Simply file your claim and you’ll begin receiving benefits. This makes workers comp more straightforward than the civil process, but it can still be difficult. Our team can make sure you have what you need for a successful claim.
Frequently Asked Questions
Do I need to tell my employer about my claim?
Yes. Your employer must be informed about your injury or illness and your decision to file a claim. This happens when you report the injury and request the workers’ comp claim form from HR.
Can I file a claim if the injury is my fault?
Yes. Because you don’t have to prove fault, it doesn’t necessarily matter who is responsible. That said, if the facts show that you were the cause of the injury or illness (like you refused to wear safety gear), you won’t get as much in benefits.
What if the insurance company denies my claim?
There’s things you can do if your claim is denied or you disagree with the insurance company’s decision. Mainly, you can file an appeal with the Workers’ Compensation Appeals Board.
Experienced Support From Long Beach Workers’ Compensation Lawyers
Workplace injuries or illnesses can make your life very difficult, but you don’t have to go through the claims process alone. If you’ve been hurt or sick because of your job, Maison Law is here to help. Our experienced workers’ compensation lawyers in Long Beach will guide you through the claims process and fight to get you the benefits you’re owed. Contact us today for a free consultation.
