Maison Law helps workers in Lancaster through the claims process when they file for workers’ compensation. When you’re injured or become ill at work, it can be overwhelming and leave you with many unanswered questions. Workers’ compensation benefits are designed to support you, but navigating the claims process effectively requires experience. Our dedicated team is here to guide you every step of the way. Contact us today for a free consultation to learn more about how we can help.
Should You Get a Lawyer?
Filing for workers’ compensation might seem simple, and in a lot of ways, it is. You simply need to fill out the form and turn it in to start getting benefits. But, it can quickly get complicated–especially if your employer or their workers’ comp insurance company isn’t being helpful. At that point, having a lawyer can make a big difference in getting the benefits you need.
Here’s how we can help:
- Explain the claims process so you know what to expect
- Help you gather the right paperwork and evidence for your claim
- Find out what caused your injury or illness and prove it’s work-related
- Negotiate with the insurance company to make sure you get fair benefits
- Guide you step by step so you don’t feel lost or make mistakes
Workers’ comp isn’t just for risky jobs–it’s for anyone who gets hurt or sick at work. No matter what kind of job you have, working with our lawyers can help you get the most out of your claim and protect your rights.
What Benefits Can You Get from Workers’ Compensation Insurance?
When you file a workers’ compensation claim, understanding the benefits available to you is crucial. Unlike other injury claims, workers’ comp provides specific benefits—you know what’s covered, but the challenge is making sure you receive the full amount you’re able to. Generally, here’s the benefits that are available:
- Medical expenses – This covers for doctor visits, hospital stays, surgeries, medications, physical therapy, and any other necessary treatments for your recovery.
- Temporary Disability (TD) – If your doctor (or the QME) says you can’t work temporarily, TD benefits replace a portion of your wages until you’re able to return to work or reach what’s called “maximum medical improvement (MMI).”
- Permanent Disability (PD) – If your injury causes long-term limitations, PD benefits compensate you for your reduced ability to work or perform everyday tasks. The amount depends on factors like the severity of your injury, your age, and your job.
- Job retraining – If you can’t return to your previous job, workers’ comp can cover the costs of retraining or educational programs to help you transition to a new role that fits your abilities.
- Death benefits – In the unfortunate event of a fatal workplace accident, death benefits provide financial support to your dependents. This includes coverage for funeral expenses and ongoing financial assistance to help your family cope with the loss of income.
These benefits are designed to help you recover and move forward, but navigating the system can be complicated. Our experienced team in Lancaster is here to guide you through the process, handle the paperwork, and make sure you get full benefits. But it’s also important to understand why you’d need workers’ comp and what you need to do.
Why Would You Need to Take Workers’ Compensation?
You obviously never want to be in a position where you need to file a workers’ comp claim, but a common misconception is that it only applies to certain workers. There’s actually no job requirement when it comes to workers’ comp–if you’re employed in Lancaster, you have access to benefits. That said, there’s usually more common injuries and other ailments that cause you to need these benefits, like:
- Repetitive Stress Injuries (RSIs) – Jobs with repetitive tasks, like typing or lifting, can lead to long-term injuries.
- Slip and falls – Wet floors, poor lighting, or uneven surfaces can cause slip and fall accidents in any workplace.
- Car accidents – If your job involves driving, you may be eligible for workers’ comp if you’re injured in an accident.
- Equipment accidents – Using heavy equipment can be dangerous, especially if there’s a malfunction or lack of proper training.
- Fire injuries – Jobs in construction, food service, or manufacturing can expose workers to burns and fire-related injuries.
- Exposure to harmful substances – Working with chemicals or hazardous materials can cause serious health problems over time.
No matter what kind of job you have in Lancaster, you have the right to file a workers’ comp claim if you’re hurt or become ill because of work.
What Steps Can Protect Your Workers’ Compensation Claim?
Workers’ compensation claims are similar to other injury claims, but they happen at work while doing job-related tasks. A huge plus about the claims process is that you don’t need to prove fault–you simply file your claim and start receiving benefits. At the same time, though, you’re going to go up against an insurance company. That means you’re going to have to take the right steps to protect your claim and get the most benefits possible:
- Get medical care or help – Your health comes first. Get first aid immediately and seek medical care if needed. Keep all records, treatment details, and prescriptions–they’re critical for your claim.
- Report what happened – In California, you must report a workplace injury or illness within 30 days, but it’s best to do it as soon as possible. Notify your supervisor and request a workers’ comp claim form (DWC-1) from HR to start the process.
- Work with the insurance company – The insurance company will review your claim by examining medical records and asking questions. Be honest and consistent, and provide any evidence, such as doctor’s notes or witness information.
- Follow the treatment plan – You may need to see a Qualified Medical Evaluator (QME) chosen by the insurance company. Stick to their advice, keep appointments, and track your recovery to show you’re serious about getting better.
- Be careful with what you say – Stick to the facts when discussing your injury with your employer or the insurance company. Avoid detailed statements and don’t post about your injury on social media.
Every case is different, but following these steps can help you secure the benefits you deserve. If you need assistance, our team is here to guide you and ensure your claim is as strong as possible.
Frequently Asked Questions
Do I need to tell my employer about my claim?
Yes, your employer must be informed about your injury or illness. This typically happens when you report your injury and submit the claim form through HR. Once that’s official, you can start the process of getting benefits.
What if my employer doesn’t have workers’ comp?
If you work for a company that doesn’t carry workers’ comp insurance, they’re breaking the law. You should report this to the Labor Board immediately. In the interim, make sure to file a claim with your health insurance.
Can I file for workers’ comp if the accident was my fault?
Yes. Workers’ comp is a no-fault system, which means you can still file a claim and receive benefits as long as the injury happened while you were working. However, the insurance company might try to deny or reduce your benefits.
Experienced Support From Lancaster Workers’ Compensation Lawyers
Your job is a big part of your life, but a work-related injury or illness can disrupt everything. If you’ve been hurt or gotten sick on the job, Maison Law is here to help. Our experienced Lancaster workers’ compensation lawyers will guide you through the claims process and fight to get you the benefits you need to recover. Contact us today for a free consultation.
