Maison Law helps injured workers in California by answering their questions about the workers’ compensation process. Even though you might be aware you can file a workers’ comp claim when you get hurt, you might not know how long benefits last or other important deadlines. Our team can answer these questions, then guide you through the process. Contact us today for a free consultation to learn more.
What’s the 5 Year Rule For Workers’ Compensation Claims?
The so-called “5 year rule” that pertains to workers’ comp claims in California is very important. Basically, it says that:
- No workers’ compensation decision or benefits can be changed or canceled after five years from the date of the injury unless a party involved files a petition within that five-year period.
While the five-year rule limits most changes to a workers’ compensation claim, there’s still an overall process in place that is going to be an important part of your recovery. That’s why you need to think about what benefits you can get and how working with our team can help you.
What Options Do You Have After Getting Hurt or Sick at Work?
Trying to understand your options after a workplace injury can be confusing–especially if it happens because of an accident. Filing a workers’ compensation claim is your main option, but it’s not the only option–you may also be able to file a lawsuit or insurance claim depending on the circumstances.
In a workers’ comp claim, though, you don’t need to prove your employer or anyone else was at fault. In that respect, it’s easier and quicker than filing a traditional injury claim. Basically, you file your workers’ comp claim and your employer’s workers’ comp insurance company provides you with benefits (if they accept your claim.) Every claim is different, but generally, you can get the following benefits when you file:
- Medical expenses
- Temporary disability (TD) benefits
- Permanent disability (PD) benefits
- Job retraining
For as straightforward as workers’ comp is, it does have limits, as the five year rule shows. Most notably, benefits typically end after 104 weeks, which may not be enough to cover your losses that relate to serious injuries or illnesses.
If your workers’ comp benefits run out or don’t fully address your needs, you may have to consider a civil claim through a lawsuit or insurance claim. To do this, your injury must result from negligence, like unsafe working conditions or a defective product.
Our team can also help you through this process, which allows you to potentially recover damages like:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Reduced quality of life
Keep in mind, you have two years from the date of the injury to file a civil claim. Missing this deadline means losing the chance to recover damages.
How Can You Get the Most Out of a Workers’ Compensation Claim?
In a civil claim, the circumstances of what happened are extremely important and influential in telling you just how much you can get in damages. Of all the different factors, liability and negligence are incredibly important. So, even though you don’t have to worry about that in a workers’ comp claim, you still have to put together a strong claim to get the most benefits you can. And when you consider that these benefits are going to run out after a while (and might not be able to be changed as your condition changes), it’s vital to do the following to make sure you have a strong claim:
- Get medical care – Your health comes first. Call 911 if you’ve been hurt in an accident and keep track of any medical records or diagnosis. Also, make sure your supervisor or someone in charge gives you first aid so they know what’s going on.
- Report your injury – Let your supervisor or someone in charge know about your injury as soon as possible. While California allows up to 30 days to report it, reporting early can speed up the process of getting your benefits.
- Work with the investigation – Once you file a claim, your employer’s workers’ comp insurance will investigate. Be ready to provide details about what happened, and be honest throughout the process. Avoid exaggerating or withholding information, as it could hurt your claim.
These steps apply to almost all workers’ compensation cases, regardless of your job or the type of injury. Filing a claim is your right, but having the right guidance makes the process easier. That’s where our team can help.
How Can Maison Law Help Your Workers’ Compensation Claim in California?
Suffering a workplace injury or becoming sick in California can turn your life upside down. It often means severe pain, lengthy medical treatments, and time away from work. While hiring a lawyer isn’t required, going through the claims process on your own can quickly become overwhelming. That’s where legal support can make a big difference. Our team can help you by:
- Gathering evidence and talking to witnesses
- Working with doctors to understand your injuries and help plan your recovery.
- Crafting a strategy tailored to your needs, whether that means negotiating a settlement, filing a workers’ comp claim, or pursuing a lawsuit.
- Negotiating for fair benefits to cover medical bills, lost wages, and other expenses.
No one expects to face an injury or illness at work, but it happens. When it does, Maison Law is here to provide the guidance and support you need. Contact us today for a free consultation.
