Maison Law advocates on behalf of injured workers in Monterey. If you or a loved one has been injured on the job, the Workers’ Compensation Attorneys at Maison Law will assist you in getting the maximum amount for your claim. You may also be eligible for additional benefits through a personal injury claim, depending on the details of your injury. For legal advice, contact Maison Law today for a free consultation and case evaluation.
What Benefits Can I Receive for a Monterey Workers’ Compensation Claim?
In Monterey, injured workers have the right to medical treatment for injuries sustained on the job. By law, employers are required to have workers’ compensation available to their employees. Benefits provided by workers’ compensation include:
- Lifetime medical care: severe injuries sustained at work can result in treatment for the rest of one’s, or for the duration of the injury.
- Temporary disability: temporary disability benefits pay for two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury. This is paid by filing a workers’ compensation claim through your employer.
- Permanent disability: awarded to injured workers who are permanently unable to perform the normal work or activities they were capable of doing prior to the date of the injury. Monetary amounts for permanent disability vary on a case-by-case basis.
- Supplemental job displacement: if you are unable to return to your employment after you have been released by your treating physician, you may be entitled to receive a voucher that will be paid up to a school up to a certain amount, depending on your disability.
- Death benefits: in the result of a fatal accident at work, workers’ compensation pays qualifying dependents up to a maximum of $320,000 with up to $10,000 for burial expenses.
Filing a Workers’ Compensation Claim in Monterey
If you suffered a work-related injury or illness in Monterey, 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.
For example, let’s say you work as an animal trainer at Monterey Bay Aquarium. You’re walking through the aquarium and you slip on a freshly mopped floor. You slip and fall, hitting your elbow on the tile floor. Your elbow is bruised, but you shake it off and continue to work. Weeks later you begin to struggle to straighten your arm and pick things up without feeling a sharp pain in your elbow. You file a workers’ compensation claim to begin medical treatment, but your claim gets denied because you failed to report the injury when it happened.
Workers’ compensation insurance companies may believe your injury is not severe enough for medical treatment or benefits since you waited so long to file a claim. If you give the insurance company any reason to deny your claim, they most likely will.
Here are the recommended steps for filing a successful 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.
These steps will start your workers’ compensation claim and help you get the medical treatment you need. If you have any questions or need legal assistance, do not hesitate to reach out to one of our Workers’ Compensation Attorneys at Maison Law today.
Can I File a Lawsuit Against Workers’ Compensation in Monterey?
Yes, any injured worker has the right to compensation and can file a lawsuit against workers’ comp if they feel they have been treated unfairly at any time during the workers’ compensation process. Reasons for filing a lawsuit against worker’s compensation include:
- Your claim is denied: if your worker’s compensation claim is denied, an attorney can help you appeal the decision and represent you through negotiations.
- Your claim is neglected: in some cases, injured workers can be left waiting for weeks or months for the workers’ compensation claim to be processed and to begin receiving benefits. This is unacceptable and a workers’ compensation attorney can help.
- Your benefits are inadequate: if you believe your workers’ compensation benefits do not cover all your medical bills, lost wages, or other expenses, an attorney can help you seek the full benefits you deserve.
- Permanent disability: in cases of permanent disability, disputes over the level of impairment or the amount of compensation can arise, requiring legal representation.
It is important to note that filing a lawsuit against workers’ compensation does not affect or change the status of your employment with your employer. In fact, employees are protected from any form of retaliation from their employers. Protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
How Much Can I Receive for a Monterey Workers’ Compensation Claim?
The compensation you can receive for a workers’ compensation claim will be dependent upon a number of factors such as:
- The severity of your injuries
- Your liability in the accident
- The insurance policy of the liable party or parties
- The amount of damages sustained from your injuries
The severity of your injuries will also determine whether you receive temporary or permanent disability benefits. Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. By law, payments must be made every two weeks. If a payment is missed, the insurance company must pay penalties to you. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay.
Permanent disability payments begin within 14 days of temporary payments ceasing. Temporary payments typically cease after one full year since the injury occurred. If the permanent disability did not prevent absence from work, then disability payments must be made from the day the doctor classified the work injury as “permanent and stationary.”
Contact a Workers’ Compensation Lawyer in Monterey
If you are injured on the job in Monterey, the Workers’ Compensation Attorneys at Maison Law will ensure you receive the maximum amount of benefits from your workers’ compensation claim. Whether you’ve suffered permanent injuries, or have been denied medical treatment through worker’s compensation, our firm is prepared to exercise the full extent of the law on your behalf to get you what you are owed. If you’re seeking legal counsel for a work-related injury in Monterey, we can help. Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a dime unless we win your case.
