Maison Law guides injured workers through the workers’ compensation claims process in Delano. Facing an injury or illness is always challenging, but it’s even more troubling when it happens to you at work. That’s the main reason you have access to workers’ compensation benefits, and our team can help you with your claim. Contact us today for a free consultation.
Why Do You Need a Lawyer?
You don’t need a lawyer to file a workers’ comp claim in Delano. In fact, all you have to do to start getting benefits is fill out the claim form (DWC-1). But the thing about being injured or falling sick at work means that it makes everything harder. So, while you don’t need a lawyer, having one can make the process much easier and guarantee that you get the most benefits possible.
Here’s how our team can help you:
- Explaining your options
- Gathering evidence and information to support your claim
- Preparing you for medical evaluations and hearings
- Appealing your claim decision for better benefits
If you’re in a situation where you have to take workers’ comp, having the right support can make things easier. Our team will be there to guide you through the process from start to finish.
Why Would You Need to Take Workers’ Comp?
One of the biggest misconceptions about workers’ comp is that it only applies to higher-risk jobs. While it’s true that many claims come about because of more dangerous jobs, the reality is that most every job-related injury or sickness will allow you to file a claim.
At the same time, though, there’s more common types of situations where you would need to take workers’ comp:
- Repetitive Stress Injuries (RSIs) – Jobs that require repeated movements, like typing or lifting, can lead to pain or long-term injuries.
- Slip and falls – Wet floors, bad lighting, or uneven surfaces can cause accidents in almost any job.
- Car accidents – If your job involves driving for deliveries or business trips, you’re at risk of getting into an accident. You can file a claim if you’re injured in one of these accidents, even if you’re the only one involved.
- Accidents with machinery – Using heavy equipment can be dangerous, especially if it’s not working properly or if you haven’t had enough safety training.
- Burns and fire injuries – Jobs in construction or food service can expose workers to burns, smoke, or fire-related injuries.
- Hazardous exposure – Working with chemicals or hazardous materials can lead to serious health problems.
No matter what job you have in Delano–whether you work in construction or in an office–you have the right to file a workers’ comp claim if you get hurt or sick.
What Are the Benefits You Can Get in a Workers’ Comp Claim?
A key part of workers’ comp insurance is that it starts giving you certain benefits once you file your claim. And when you consider that virtually any injury or illness is covered by this insurance–and you don’t have to prove someone was at-fault–it’s pretty easy to see why having workers’ comp is so helpful.
But again, it’s all about your injuries and losses. The more injured you are generally, the more you’ll get in benefits. While every claim is different, you can potentially get any of the following:
- Medical expenses – These cover doctor visits, treatments, and medications needed for your recovery.
- Temporary disability (TD) benefits – This will give you at least two-thirds of your average weekly pay if you can’t work temporarily.
- Permanent disability (PD) benefits – This offers coverage for long-term or permanent injuries that reduce your ability to work, based on a disability rating.
- Job retraining – This provides financial support for education and retraining if you can’t return to your previous job, with local options for you to attend training.
- Death benefits – This provides financial support to dependents and covers burial costs if a work-related injury results in death, with limits based on the number of dependents.
While these benefits are available once you file your claim and the insurance company renders their decision, you have to remember that they expire after a certain amount of time (usually 104 weeks.) Also, you have to file your claim within one year of your injury or the discovery of your illness.
What Steps Can You Take to Protect Your Claim For Benefits?
While it’s true that you don’t have to prove fault to get workers’ comp benefits, the reality is that you’re at least going to have to show the insurance company that you:
- Were hurt or became sick because of some job-related activity
- This has caused you some level of damage or loss
So, basically, you’re going to have to take certain steps to protect and strengthen your claim:
- Treat your injuries or illness – Your health comes first, so don’t wait to get treated. Start with first aid, then go to the hospital for serious injuries or urgent care for smaller ones. Medical records from your treatment are key evidence for your claim. They show how serious your injury is and make it harder for insurance companies to downplay it.
- Report your situation – In California, you have 30 days to report a workplace injury, but don’t wait. Tell your supervisor right away, and ask for first aid if needed. Go to HR, get the workers’ comp form (DWC-1), fill it out carefully, and submit it. Reporting quickly shows you took the injury seriously and followed the rules, which helps avoid delays or denials. Early filing also means faster access to benefits like medical care and wage payments.
- Work with investigators – After you file, the insurance company will investigate your claim by looking at your medical records and asking questions. Be honest, consistent, and provide clear evidence like doctor’s notes and witness information. A smooth, straightforward investigation can lead to quicker approval of your benefits.
- Follow any treatment plans – You’ll likely need to see a doctor chosen by the insurance company, called a Qualified Medical Evaluator (QME). You can also visit your own doctor. Stick to all medical advice, take prescribed treatments, and attend follow-up appointments. Following your treatment plan shows you’re serious about getting better. Keeping records of your progress also helps if you need to request more benefits later.
- Watch what you say – When talking about your injury with your employer or the insurance company, stick to the basics. Avoid sharing too much or posting about it on social media. Inconsistent or exaggerated statements can hurt your credibility and give insurers a reason to deny or reduce your claim. Staying off social media and following your doctor’s orders helps protect your case.
It’s obviously a difficult situation when you get hurt or sick at work, but taking these steps will make a difference in the benefits you get. And remember, you can always turn to our team for guidance and support to protect your rights and interests.
Frequently Asked Questions
How long do I have to file my claim?
You usually have one year from the date of your injury or illness to file.
Can I still file a claim for benefits if the accident was my fault?
Yes. Workers’ comp doesn’t look at fault–so you can still file a claim and get benefits as long as the injury happened while you were working. That said, the insurer could deny your claim or could reduce the benefits you get. Our team can help you through this scenario, though.
How long does it take to get benefits?
If your claim is approved, you should get TD benefits within about 14 days of filing your claim. Every situation is different, but you should start receiving all your benefits within this timeframe.
Contact Maison Law for Help with a Delano Workers’ Compensation Claim
If you’ve been injured or become sick due to your work conditions in Delano, Maison Law is here to help you. Our experienced workers’ compensation lawyers will guide you through the process, deal with the insurance company, and make sure your interests are protected so you can get the benefits you need to start getting better and back to work. Contact us today for a free consultation to talk about your claim.
