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5 Disastrous Workers’ Compensation Claim Mistakes
Filing a workers’ compensation claim in California can be challenging. Mistakes and delays in your claim can be costly, which is why many injured employees seek the assistance of a qualified California workers’ compensation attorney. With your attorney's guidance, you can avoid common pitfalls and potentially maximize your workers’ compensation. For a free legal consultation, contact [[title] at 408-848-1113 today.
Failing To Report The Injury Immediately
In California, the law states that you must report a work injury to your company within 30 days. Waiting too long can lead to a denied workers’ comp claim because it may raise doubts about whether the injury is work-related. To avoid a claim denial, report the injury in writing to your employer as soon as possible.
Delaying Medical Care
Some workers postpone seeing their physician or skip treatments, thinking the injury is minor. This is a mistake because it gives the insurance company a reason to question your claim. A lack of medical documentation makes it seem as if the injury is not serious, and you do not need compensation.
Can Vocational Rehabilitation Be Incorporated in My Workers’ Comp Claim?
If you get injured at work, it can leave you facing challenges beyond medical recovery alone. If your injuries are temporary, you can return to your previous role once you are healed. However, if you suffer permanent impairments, it can be difficult, or even impossible, to continue doing your former job. Fortunately, California’s workers’ compensation system offers valuable support through vocational rehabilitation programs, which can help injured employees transition to new roles suited to their limitations. If this is something you need to pursue, speak with a knowledgeable California workers’ compensation lawyer to learn more.
What is Vocational Rehabilitation?
Vocational rehabilitation is a way to help workers who suffer from permanent disabilities that make it impossible for them to return to their previous occupations. Through this program, workers can receive training and resources to help them develop skills for a new job, often in a different field that accommodates their physical or mental limitations.
Can My Delayed Injuries Qualify for Workers’ Compensation?
Workplace injuries are not always immediately apparent. Some issues, such as soft tissue damage, internal injuries, or psychological conditions, may take time to develop or become noticeable days or even weeks after the initial incident. Understanding how local workers' compensation laws address delayed injury symptoms can help injured employees protect their rights and secure the benefits they need. If you develop symptoms of an injury long after your initial accident, speak with a skilled Hollister, CA workers’ compensation lawyer to hear about your rights and options.
What Types of Injuries Can Present Delayed Symptoms?
Delayed injury symptoms can occur in various forms. Whiplash and neck injuries can have symptoms like stiffness, headaches, or dizziness that do not appear until days after the injury. Cognitive issues, memory problems, and mood changes are symptoms of concussions or traumatic brain injuries (TBI) that can develop over time. Sprains, strains, or ligament damage can worsen gradually, revealing soft tissue injuries you were unaware of immediately after the accident. If your workplace trauma results in anxiety, depression, or PTSD, the emotional or psychological symptoms can take time to emerge.
Can I Choose My Own Doctor for My Workers’ Comp Case?
If you are injured at work in California, the doctor who treats you can have a major impact on your recovery and workers' compensation claim. California law allows some flexibility in choosing your healthcare provider, but there are specific rules that must be followed when attempting to demonstrate that your injuries are work-related. A qualified California workers’ compensation attorney can help you navigate your claim while ensuring that your rights are protected.
How Do I Choose a Doctor after a Workplace Injury?
In California, your ability to choose your own doctor depends on certain conditions:
Initial Treatment
When someone suffers a workplace injury, their employer typically has the right to choose the doctor who provides the initial treatment. This is because employers in California often have a Medical Provider Network (MPN), which is a group of doctors approved to treat workers' comp patients. If this is the case, the doctor who sees you during your first medical visit after the injury must be in that network for your first medical visit.
Options If Employer Refuses to File a Workers’ Comp Claim
California’s workers’ compensation laws are designed to protect employees who suffer work-related injuries or illnesses. Financial compensation can never take away the pain and suffering, but it can help a victim by providing the financial means to go through treatment and recovery at a time when medical bills can add up, and work may not be possible.
Employers are legally required to provide workers’ compensation insurance and report injuries promptly. If your employer refuses to file your claim in an attempt to avoid increased insurance premiums or potential liability, speak with a skilled California workers’ compensation lawyer to understand your options and take appropriate action.
Is My Employer Required to File My Claim?
Under California law, when someone is injured at work, their employer is legally required to:
- Provide workers’ compensation coverage.
Workers' Compensation for Injuries in Client's Homes
When you work in a designated workspace like an office or a warehouse, your employer can take steps to make sure employees are working in a reasonably safe setting. If your work involves visiting your customer’s homes, you are likely to be confronted with quite a few different hazardous conditions. Every customer’s home is different - some may be clean and in good condition, while others may be in dire need of repairs. Simply working in a place you are not familiar with raises the risk that you might be injured by a hazard you did not know to look out for, such as a loose step or an unsecured power cord. Fortunately, workers who are injured while carrying out their job duties in a customer’s home are generally eligible for workers’ compensation. An experienced Gilroy, CA workers’ compensation attorney can advocate for you to receive the benefits you need.
Common Dangers in Customers’ Homes
In a perfect world, your clients would take steps to make sure their homes are reasonably safe for people who are working in them. Some of the hazards workers who routinely enter their clients’ homes may face include:
If I Work Remotely, Am I Covered by Workers’ Comp?
No matter where you work, there is always the chance that you could sustain on-the-job injuries. The same is true whether you work in a store, factory, hospital, or home office. Internet-based work and meeting options have dramatically expanded the possibilities for work locations. The U.S. Bureau of Labor Statistics reports that almost 20 percent of workers performed at least some of their work from home in August 2023.
California employers are required to maintain workers’ compensation insurance policies for their full-time employees. As more people choose to work remotely, the question may arise as to whether full-time remote employees get the same benefits as on-site employees. Although you may be covered, it can be harder to prove that your injury is work-related. Even with clear evidence, the insurer may try to reduce or deny your benefits. A skilled San Benito County, CA workers’ compensation attorney can work on your behalf to see that you get the full benefits you are entitled to.
Can I Claim Workers’ Comp for Indoor Heat-Related Illness?
Working outdoors on hot days can lead to heat-related illnesses, but indoor workplaces can also be extremely hot. In July 2024, a new Cal/OSHA regulation went into effect. This new standard intends to protect indoor employees from heat illnesses and requires most employers to follow several safety measures.
If you suffer from a heat illness while you are at work, your employer’s workers’ compensation policy should cover various expenses. Unfortunately, insurance companies routinely attempt to pay you less than they should. A knowledgeable Gilroy, CA workers’ comp attorney can evaluate your situation and help you get the benefits you deserve.
What Are the New California Indoor Heat Protections?
Many indoor workplaces can get uncomfortably hot, and most of them are subject to the new Cal/OSHA regulations. Warehouses, restaurant kitchens, and manufacturing facilities are prime examples. The applicable regulations differ somewhat:
Top 6 Causes of Injury For Delivery Drivers
Delivery drivers have a more dangerous job than most people recognize. Not only are delivery drivers on the road all day, but they are also entering people’s property, where they may encounter any number of hazards. Delivery drivers frequently face dangers such as aggressive dogs, unsalted icy driveways, and porches in poor repair. It is rare for a delivery driver to go his or her entire career without experiencing at least a minor work-related injury. If you are hurt and cannot work, the workers’ compensation program can help. An experienced Santa Clara County, CA workers’ compensation lawyer can review your case and help determine what benefits you might qualify for. Workers’ compensation may cover your medical bills, lost wages, and more.
Will Workers’ Compensation Pay for Job Training if I Have to Change Careers?
It is very common for blue-collar workers with physically demanding jobs to suffer injuries that will not allow them to go back to the jobs they had before, but would allow them to work in a different career. However, tradesmen often have very specific job skills that do not easily translate to another line of work. If your injuries will not allow you to go back to your old job, but you are interested in going to college or learning new job skills so that you can keep working in a different industry, you might be eligible for the Supplemental Job Displacement Benefit (SJDB). Your Gilroy, CA workers’ compensation attorney can help you pursue this benefit if you qualify.
Workers With Permanent Partial Disabilities May Qualify for Job Displacement Benefits
To qualify for the SJDB, you need to have a permanent partial disability. A permanent partial disability means that your injury will have a permanent effect on your abilities, but that you can still perform some work. Most people with permanent work-related injuries meet this criteria, as injuries that cause total disability are fairly rare. If you would be able to keep working if you had a white-collar desk job instead of your more physically demanding job, you probably have a partial disability.
From our office in Gilroy, CA we serve clients throughout Northern California including but not limited to San Jose, Santa Cruz, Salinas, Monterey, Watsonville, Morgan Hill, San Martin, Hollister, San Felipe, Dunneville, San Juan Batista, River Oaks, Sargent, Cottage Corners, Logan, Rucker, Santa Clara County, and San Benito County.
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