How to Protect Your Right to Workers’ Comp Following a Work Injury

 Posted on November 03, 2021 in Workers' Compensation

There are multiple types of protections that apply to employees. Those injured in work-related accidents or who suffer health conditions because of their work have the right to receive workers’ compensation. A person will be eligible for these benefits no matter who was responsible for an injury. However, there are some cases where an employer or the company that provides them with workers’ compensation insurance may attempt to deny benefits by claiming that an injury was not work-related. If you have been injured in a workplace accident, or if you have suffered another type of work-related injury, you will want to make sure you take the correct steps to protect your right to receive workers’ compensation.

Steps to Follow After a Work Injury

1. Report the injury to your employer - As soon as possible after being injured in a workplace accident or becoming aware of a work-related injury, you should inform your employer. You can notify a supervisor, a member of management, or a business owner. If you do not report an injury within 30 days after the injury occurred or after you discovered that work conditions affected your health, you may lose the right to make a workers’ compensation claim.

2. Receive emergency medical treatment - Following an accident, you should go to an emergency room, urgent care center, or another medical provider to receive any immediate necessary treatment. When receiving treatment, you can inform the provider that your injury is work-related, letting them know that they should bill your employer for the treatment rather than requiring you to make payments.

3. Submit a workers’ compensation claim form - After you report an injury to your employer, they are required to provide you with a claim form within one working day. If you have not returned to work, your employer may mail you the form. On this form, you will provide information about your injury and all of the ways it has affected you. You can then submit the form to your employer. 

4. Receive the proper medical care - By seeing a doctor or other medical professional to address your injuries, you can determine the medical treatment that will be required, and your doctor can also help you understand when you may be able to return to work and what types of work you can perform while you are recovering. If you had predesignated a medical provider before being injured, you will be able to see your personal doctor. Otherwise, you may be required to visit a doctor in a medical provider network (MPN) or health care organization (HCO) that is approved by your employer’s insurer or the Department of Workers’ Compensation.

Contact Our Hollister Work Injury Lawyers

By reporting a work injury as soon as possible, receiving the necessary medical care, and submitting a workers’ comp claim form, you can preserve your right to receive the benefits you deserve. All of your medical care should be fully covered, and you may also receive disability benefits that address work you have missed or a reduced earning capacity while you are recovering. At Cramer + Martinez, we can make sure you follow the correct steps when submitting a claim, and we can also help you determine how to respond to the denial of benefits. Contact our San Benito County workers’ compensation attorneys at 408-848-1113 to set up a complimentary consultation.

Sources:

https://www.dir.ca.gov/dwc/injuredworker.htm

https://www.dir.ca.gov/injuredworkerguidebook/injuredworkerguidebook.html