What To Know After an Equipment Accident at Work
An equipment accident at a California workplace may leave you with broken bones, soft tissue damage, head or neck injuries, cuts and abrasions, and more. Fortunately, California law may entitle you to workers’ compensation benefits after a job-related injury, regardless of fault. Workers’ comp’ is available for one-time accidents, occupational illnesses, and repetitive stress injuries.
Obtaining benefits depends on following state law during the workers’ comp claim process, which an experienced California workers’ compensation attorney at Cramer + Martinez can explain further in a free consultation. We have almost 30 years of combined workers’ compensation experience.
Report Your Work Injury Immediately
Inform your employer within 30 days of the equipment accident or when you became aware of the injury. Tell your supervisor in writing about the injury, when and where it happened, and any eyewitnesses. The sooner the injury is reported, the better for your claim. You may lose the right to workers’ compensation benefits if you report your equipment injury after more than 30 days.
Seek Prompt Medical Care
Get immediate medical care if your equipment injury is severe; any medical provider is acceptable during an emergency. For a non-emergency injury, if you have a predesignated physician in writing with your company before the injury, they can be your primary treating physician for your claim. In other cases, you must select a doctor from your firm’s network, or your company can choose one.
File the DWC-1 Claim Form
Your company should provide a DWC-1 claim form after you are injured. Fill out the "employee" section, sign, date, and return to your company. Keep a copy of the document and give it to your workers’ compensation lawyer. Your employer will complete its part of the form and then send it to their workers’ comp insurance provider.
Workers’ Comp Investigation and Decision
The workers’ compensation insurance company has 90 days from the application date to decide your case. You should receive a case status letter within two weeks. If your claim is accepted, you will receive coverage for medical bills and partial lost earnings during recovery.
The Workers’ Comp Appeal Process
If your workers’ compensation claim is denied or you disagree with your benefits, you may file an appeal with an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB). This action should usually be taken within a year of the injury. The state may schedule a hearing to review your case, or there may be a trial with an administrative law judge.
Workers’ Compensation Benefits and Follow-Up
An accepted claim for a work-related equipment injury pays for medical care, temporary wage replacement at approximately two-thirds of your average weekly earnings, and permanent disability, if warranted. Always follow the doctor’s treatment plan, and update your HR representative about your ability to work.
Speak to a San Benito County, CA Workers’ Comp Lawyer Now
If you were injured in an equipment accident at work, you want maximum compensation for your medical bills and partial lost earnings. Following the California workers’ compensation process is vital to obtain your benefits. Rely on an experienced Santa Clara County, CA workers’ compensation attorney to oversee your case and work for the best outcome. Call Cramer + Martinez today at 408-848-1113 for a free consultation.