Maison Law advocates on behalf of injured healthcare workers in California. If you work in the healthcare industry and get injured on the job, knowing how to maximize your workers’ compensation benefits will save you from a world of financial and physical stress. For the best possible outcome for your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation.
Do I Need a Lawyer for a Healthcare Workers’ Compensation Claim in California?
While most healthcare professions such as doctors and nurses seem like relatively safe jobs, there are far more risks than most people think. Healthcare is actually one of the most dangerous sectors. With over 22 million workers in the industry according to the Center for Disease Control, healthcare workers have the highest number of nonfatal work injuries and illnesses in the United States. Healthcare workers can suffer exposure to dangerous pathogens, harmful chemicals, and high levels of mental and physical stress every day they go to work.
So, when healthcare workers are injured, or fall ill, on the job they have the same right to workers’ compensation as everyone else. An experienced workers’ compensation can help them recover benefits to pay for their losses. Workers’ compensation does not always cover the full scope of damages after an injury, which is why it is important to speak to a reputable Workers’ Compensation Lawyer to protect your right to compensation.
Filing a Workers’ Compensation Claim
If you are a healthcare worker who has suffered a work-related injury or illness in California, it is vital to report the incident to your employer the moment you become aware of your injury. If your employer does not learn about your injury within 30 days of it occurring, you could potentially be denied workers’ compensation. Here are the recommended steps for filing a workers’ compensation claim:
- 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.
What Healthcare Workers Should Know About Workers’ Compensation in California
According to California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. Most healthcare workers are covered by workers’ compensation from the first day of their employment. This coverage applies to full-time, part-time, and even temporary workers. Workers’ compensation in California is a “no-fault” system, meaning you can be eligible for benefits regardless of who was at fault for your injury or illness. Benefits available to injured healthcare workers through workers’ compensation include:
- Medical Care: covers all reasonable medical treatment related to your injury or illness
- Temporary Disability Benefits: benefits paid if you’re unable to work while recovering
- Permanent Disability Benefits: if you don’t fully recover from your injury, you may be entitled to permanent disability benefits
- Supplemental Job Displacement Benefits: if you cannot return to your previous line of work, these benefits can help cover the costs of retraining or skill enhancement
- Death Benefits: in the unfortunate event of a fatal injury, dependents of the decedent are entitled to death benefits
The Role of Union Workers in Workers’ Compensation Claims
Healthcare workers who are members of a union may be entitled to additional protection. Unions advocate on behalf of their members to ensure their right to receive the benefits they are entitled to by California Law, as well as their CBA. However, it is important to know that union representatives are not lawyers, so it is still important to speak with a Workers’ Compensation Attorney to advocate on your behalf when negotiating with insurance carriers, defending you in front of the Workers’ Compensation Appeals Board, and in court.
Contact a Healthcare Workers’ Compensation Claim Lawyer
Navigating the workers’ compensation process can be complex, especially if you are fighting by yourself to get the benefits you’re entitled to. If you’ve suffered an on-the-job healthcare injury, do not hesitate to speak to one of our workers’ compensation attorneys at Maison Law to get the legal representation you need. Our skilled attorneys have years of experience in managing workers’ compensation cases and have helped injured workers across the healthcare industry. Schedule your free consultation and case evaluation today by contacting Maison Law. There are no upfront charges for our services and you will not be charged a cent unless we win your case.
