Maison Law answers questions that people have about the workers’ compensation process in California. There’s a lot that goes into a workers’ comp claim, with investigations and deadlines to meet–including the “90 day rule.” Trying to do all this while also dealing with an injury or illness is very challenging. Our team can guide and support you through this process. Contact us today for a free consultation.
What’s the 90-Day-Rule in a California Workers’ Comp Claim?
Once you file your workers’ comp claim, there’s a certain time period where your employer has to review things, send it along to their workers’ comp insurance carrier, and let them take over from there.
But, there’s also the “90-day-rule”, which says that:
- If the insurance company doesn’t send you an official letter denying your claim within 90 days of you submitting it, it’s considered “accepted.”
What this means for you is that if your claim isn’t officially denied within 90 days, you will get whatever benefits you’re entitled to without your employer being able to challenge the decision. It’s effectively a way to win your claim “by default.”
That said, the chances of your claim not being officially denied or even decided on within 90 days is fairly low. So, you can’t rely on this happening. At that point, you need to know what steps you can take to make sure you get the most out of your claim.
How Can You Strengthen Your Claim For Your Workers’ Comp Benefits?
You might find yourself in a situation where your employer’s workers’ comp insurance company doesn’t respond to your claim within 90 days and you get maximum benefits for whatever injuries or sickness you come down with. But again, that’s highly unlikely. Large insurance companies have huge numbers of staff and resources to make sure that doesn’t happen. So, you have to approach the situation in the right way to get the most out of your claim. Here’s how you do that:
- Get medical care – Your health should always be the top priority. If you’re injured, call 911 or get medical care right away. Keep all medical records and diagnoses, as they will be very important for your claim.
- Tell your employer – Tell your employer about your injury as soon as possible. In California, you have up to 30 days to report a workplace injury, but reporting it early can help speed up the process of getting benefits.
- Cooperate with the company’s investigation – After filing a claim, your employer’s workers’ compensation insurer will investigate the incident. Be prepared to share detailed and truthful information about what happened. Avoid exaggerating or withholding details, as this could jeopardize your claim and the benefits you get.
These steps are essential for nearly all workers’ compensation cases, regardless of your job or injury type. Filing a claim is your legal right, but navigating the process can be challenging. With the right guidance, you can secure the benefits you deserve–our team is here to help.
How Maison Law Can Help with Your Workers’ Compensation Claim in California?
If you’re hurt or sick because of your work conditions, you have the ability to file a workers’ compensation claim. But getting the most out of your claim isn’t always easy, especially if the situation is more complicated.
The more challenging your situation, the more helpful it is to have someone on your side. While hiring a lawyer isn’t a legal requirement in California, it can make a big difference in getting the benefits you need to get better. Here’s how our team Maison Law can help you:
- Explaining your rights – We break down what you’re entitled to under California workers’ comp laws and guide you through the process, so you always know what’s happening.
- Investigating what happened – We look into what caused your injury by reviewing workplace conditions, talking to witnesses, and gathering details to make your claim stronger.
- Collecting evidence – Our team pulls together all the important paperwork, like medical records, accident reports, photos, and proof of lost wages, to make sure your claim is solid.
- Negotiating for you – We handle conversations with the insurance company to make sure you get all the benefits you qualify for–like covering medical bills, lost income, or retraining costs.
We’re with you every step of the way, taking care of the tough parts so you can focus on getting better. If you’ve been injured at work and need help with your claim, contact us today for a free consultation.
