When To Hire Fresno Workers’ Compensation Lawyers
After being injured on the job, victims must report the injury or illness to their employer within 30 days of the event. Then, their employer must fill out a Workers’ Compensation Claim Form (DWC-1) and submit it to their insurance company.
If any issues or delays arise during this period, an attorney can rectify the situation. Provided are common examples of when to consult with our law firm for help.
- Offered a settlement – Insurance companies may offer a lump sum settlement that does not cover all damages and should be reviewed by a legal representative first
- Fired after being injured or while on disability – California employers cannot retaliate against an employee for accessing workers’ compensation benefits and this is grounds for fines
- The employer rejected benefits – Workers’ compensation laws require that all employers cover payments for medical expenses, pay while on disability, reimbursement for permanent disability, death benefits, and other benefits
- Uncertain about benefits you are entitled to – Lost wages and all expenses to treat an injury that was sustained while working are expected to be covered in full by the employer
- The employer has not reported or did not report the injury – After an employee reports an accident or illness, the employer is obligated to report the incident to the insurance company
- Have not received benefits – Workers’ compensation laws penalize employers and insurance companies who refuse to cover medical care, pay for lost wages, or are delaying the workers’ compensation claims process
- Issues with a medical provider – If the physician or doctor is providing inadequate treatment, a different physician can be assigned
- Not healed enough to return to work – Doctors cannot clear a patient to work and an employer cannot pressure someone to return to work if injuries are not fully healed
If you are undergoing any of the provided issues with your employer or are experiencing unique circumstances that are interfering with your recovery, please, consult with our workers’ compensation attorneys at Central Valley Accident Lawyers. We will thoroughly evaluate your situation and help you achieve the best outcome possible.
What Do Workers’ Compensation Benefits Cover?
The intended purpose of workers’ compensation benefits is to cover medical expenses and other losses that were a direct result of a workplace accident. Coverage is broken down into the following types of benefits.
- Temporary Disability (TD) – These benefits pay victims for lost wages if their sustained injuries prevent them from working. TD benefits begin after a doctor’s evaluation, stating that the employee cannot work, and it stops when the employee is cleared to return to the job.
- Permanent Disability (PD) – Similar to TD, PD compensate victims if their sustained injuries prevent them from working. However, this is activated when a victim cannot make a full recovery. PD begins after the treating physician creates a “permanent and stationary report,” containing a permanent disability rating. This rating will coincide with how much the victim will be compensated.
- Supplemental Wages – Income that will not be earned while recovering from an injury can be paid back at two-thirds of the earned weekly average. Similarly, if earning capacity is affected, the victim can also be compensated for the lost earnings.
- Medical Treatment – Medical care and related costs can include treatment from doctors, chiropractors, pain management specialists, psychologists, and medical supplies (medications and prescriptions).
- Wrongful Death – Monetary pay is granted to the family or dependents of a victim that died in a workplace accident.
If an injured victim’s injury was work-related and was also caused by another person not associated with their employer, a “third-party claim” can be filed.
This claim can be filed against that negligent party, while also collecting workers’ compensation benefits from an employer. It is a separate lawsuit that takes place in the civil court system to hold any additional parties liable for the negligence that caused your injuries.
Frequently Asked Questions
To help gauge a general understanding of personal injuries in the workplace, provided are some frequently asked questions. For more detailed responses to your particular case, schedule a free case evaluation with a Fresno workers’ compensation lawyer today.
How Long Can I Stay On Workers’ Comp?
Payments from workers’ comp typically end once an employee has recovered and the treating physician has approved the employee to return to work either at full working capacity or with limited job duties. However, covered medical treatment can still be ongoing.
Temporary disability payments generally last for a maximum of 104 weeks, between a two to five-year span. There are exceptions, depending on when the accident took place.
Additionally, if an injured person cannot make a full recovery, that employee may qualify for permanent disability, which carries different benefits and policies.
What Injuries Are Not Covered By Workers’ Compensation?
Unlike other personal injury cases, non-economic damages are typically not covered in workers’ compensation cases. That means “pain and suffering” and psychological injuries may not fall within coverage.
Other exceptions include injuries that occurred due to being drunk/inebriated while working, self-inflicted injuries that were caused by the misuse of equipment, physical violence, or injuries that took place outside of work.
Can I Sue My Employer For A Workplace Injury?
A workers’ compensation claim is different from a personal injury lawsuit. Due to the nature of workers’ compensation policies that guarantee injured employees benefits, in most instances, a lawsuit cannot be filed against an employer.
However, if an employer broke the law and does not have insurance coverage, legal action can be taken against that company. Other exceptions will vary.
Can I Lose My Job While On Workers’ Comp?
California’s laws make it illegal for an employer to retaliate and fire an employee for filing a claim. However, an employee can be fired under other circumstances.
For example, an employee can be terminated while on disability if the employer claims the termination was based on financial issues within the company, job performance, or any other “legally acceptable” reason.
With that said, even if an injured employee is terminated, their employer must still provide workers’ comp benefits until the employee has reached maximum medical improvement (MMI). This is a state of recovery when a doctor confirms that nothing else can be done to improve an injured person’s condition.
