FAQ | California Workers' Compensation Claims

What Kinds of Injuries Are Covered by Workers’ Comp in California?

Generally speaking, workers’ compensation is available for people with any kind of work-related injury. If denied, workers’ compensation benefits aren’t typically withheld based on the type of injury you sustain in the workplace or while on the job. They are often denied because an employee was injured while under the influence of drugs or alcohol, actively committing a crime, or violating corporate policy.

What Costs Are Covered by Workers’ Comp?

In California, workers’ compensation covers all of your authorized injury-related expenses, including (but not limited to) medical costs, rehabilitation costs, therapy, and any job-related retraining you may need to get back to work. You may also be eligible for temporary total or temporary partial disability benefits if your injury has put you out of commission for a time. Should your injury pose permanent limitations on your ability to do your job or eliminate your ability to work at all, you may be able to receive permanent disability benefits.

How Do I File a Workers’ Comp Claim in California?

When filing a workers’ compensation claim in California, there are a few things you should do:

  1. Talk to your employer about your injury or developed illness right away. Ideally, do this as soon as you are injured or become aware of your illness so that your employer has the option to send you to a physician in their medical provider network.
  2. Seek medical attention and keep record of any diagnoses, x-rays, doctor’s notes, prescribed treatments, etc. If your injury requires you to receive immediate medical attention, do so before talking to your employer, but do not wait more than 30 days to report your injury.
  3. Make your workers’ comp claim official by filing an Application for Adjudication of Claim no more than 1 year after your injury. This is one of several forms you will need to file in order to recover costs associated with your injury or illness.

What Happens if a California Employer Doesn’t Have Workers’ Compensation Insurance?

Every employer in the state of California are required to hold a workers’ compensation insurance policy with a licensed insurer and provide related benefits to their employees when the need arises. Even small companies with only a few employees must provide workers’ compensation for their employees and have sufficient insurance. However, if your employer is not properly insured and cannot cover your injury-related costs, the state of California has what is known as the Uninsured Employer’s Benefit Trust Fund (UEBTF), which serves as a fallback and provides the funds for hurt workers.

What Happens if My Workers’ Comp Claim is Denied?

Ultimately, denial or approval of your workers’ comp claim comes down to your employer’s insurance company. They will review your claim and evaluate whether your injury was a result of your work or work environment, decide whether or not you actually need medical treatment, asses your ability to continue performing job-related duties, and conclude whether or not your injury and request for compensation are legitimate.

If they determine your request to be illegitimate or the details provided to be insufficient, they can deny your claim. Should this happen to you, it may be time to secure legal representation and encourage them to re-think their decision.

Tough, Experienced Workers’ Comp Lawyers in Los Angeles

At Employees’ Legal Advocates, LLP, we work for you, and we don’t stop working until we have done everything possible to help you get the compensation you deserve. We provide strong representation and are willing to put up a fight, but we are also skilled negotiators and have had great success in working with insurance companies and employers to get them to compensate injured workers.

Simply put, we’ve got what it takes. Get in touch with one of our Los Angeles workers’ comp attorneys today and get the compensation you need for your recovery.

Call (213) 267-3640 today to speak to a member of our knowledgeable team, or contact us to schedule your free, confidential case evaluation.

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