Maison Law answers questions that injured workers have about the workers’ compensation process in California. Getting hurt brings up many different issues, but probably the most pressing is your expenses. Workers’ comp provides benefits, but many might not realize that they stop after a while. Our team can explain the process and make sure you have what you need to get better. Contact us today for a free consultation to learn more about your options.
How Long Does Workers’ Comp Have to Pay You in California?
When you need to file a workers’ comp claim in California, it’s not an ideal situation because it means you’ve been injured at work. Every workplace is legally required to carry workers’ compensation insurance, which provides coverage if you are injured or become ill as a result of your work. This includes a wide range of conditions, whether the injury is sudden, like a slip and fall, or a long-term illness that develops over time due to exposure to dangerous conditions..
For example, if you work in an industry where you’re exposed to harmful substances, such as chemicals, heavy machinery, or hazardous materials, workers’ compensation can cover medical treatment and other expenses related to those conditions.
However, the benefits run out after a while. In California, workers’ comp has to pay you for a maximum of:
- 104 weeks (or about two years).
While this may seem like enough time, certain injuries and illnesses–especially chronic or severe conditions–can have long-lasting or even permanent effects. This means that you have to be prepared and understand the process.
What’s the Claims Process With Workers’ Comp?
Because the benefits you can get in a workers’ comp claim run out after a while, it’s important to approach the claims process in a way that maximizes the benefits you can get. This means taking the right steps and getting the right information. But it’s also important to look at the overall process:
- Take care of your injuries – Prioritize your health and see a doctor as soon as you notice symptoms of an injury or illness.
- Report the accident – Tell your supervisor or employer as soon as you are diagnosed or suspect a work-related condition. In California, you must report workplace injuries or illnesses within 30 days to be eligible for benefits.
- File your claim – Get the workers’ compensation form (DWC-1), complete it, and give it to your employer. Make sure to keep a copy for yourself.
- Investigation – The workers’ compensation insurance provider will review your claim. This typically includes examining your medical records and talking to you, your doctor, and any relevant witnesses.
- Medical evaluation – You usually need to see a doctor (known as a Qualified Medical Evaluator, or QME) chosen by the insurance company to confirm your condition and figure out the necessary treatment.
- Decision – The insurance company will decide if you qualify for benefits, which could include medical care, temporary or permanent disability payments, and job retraining if you’re unable to return to your previous role.
- Resolution – Your case may involve hearings or mediation to settle any disputes regarding your claim.
- Return to work – If you’re cleared, your employer should reinstate you to your original job. If you can’t go back to that role, you might qualify for retraining to shift into a new position.
Keep in mind that your particular claims process is going to be unique to you, especially if your injury or illness has long-term effects. While some workers recover fully and return to their jobs, others may need continuous care. Following these steps makes sure that your rights are protected, and having proper support can make the process smoother for you and your family.
What If You Need More Support After a Workers’ Comp Claim?
In the event that you still have needs after your workers’ comp benefits run out, you have options. However, it depends on what happened, and if someone else was responsible for the accident (through negligence.) This gives you the same options as anyone else that’s injured–meaning you can file an injury claim to recover “damages.” Generally, you do this by:
- Filing an insurance claim
- Filing a personal injury lawsuit
An insurance claim is quicker because it’s outside of court, but it’s also totally controlled by the insurance company. They get to decide how much your claim is worth, and their overall goal is to save money.
A lawsuit is much more formal and is a fairer process because it’s overseen by a judge (or jury.) It takes more time and effort from you, though.
Whichever option you choose, you can potentially recover things like:
- Medical expenses
- Lost income or earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (in fatal accidents)
Taking quick action is very important to meet legal deadlines and secure your claim. In California, you must file your claim within two years of the incident. Missing this deadline means you lose the right to seek damages.
Free Consultations For Injured Workers in California
If you’re injured or become ill at work, you have rights and options in California. Maison Law can guide you through the process and help you explore those options. Our team of experienced California workers’ compensation lawyers knows how to handle these cases and will work to make sure you receive the benefits and other financial support you need. Don’t wait–contact us today for a free consultation.
