No one expects to be injured while at work, but it does happen. Knowing as much as possible about your workers’ compensation claim is beneficial to your future plans as you recover from your injury. To learn more about what you might be entitled to under workers’ compensation, contact a workers’ compensation lawyer in Encino, CA.
There are 5 elements of a workers’ compensation claim. Each employee may qualify for different types of benefits, including:
Different employees qualify for different benefits, depending on their situation. In addition, independent contractors are not considered employees, so they are usually not eligible for workers’ compensation benefits.
To start the workers’ compensation claim process, an employee must file a claim soon after they report their injury to their employee. There is a strict time limit for employees to file workers’ compensation claims, so the sooner they begin the filing process, the better the outcome.
Calculating an employee’s specific benefits can be difficult without additional details, but there are some criteria you can use to determine what your settlement might be:
One other thing to look into is employer-sponsored health benefits. Since there is no law requiring employers to continue your health benefits while on workers’ compensation, some employees might lose access to their healthcare benefits. Any injured employee should investigate this issue.
An employer is also required to make reasonable accommodations for a disabled employee under the Americans With Disabilities Act (ADA). Reasonable accommodation is a broad term, but it includes employers changing the duties of your job or reassigning you to a different job based on your physical abilities.
Most employees must attend a court hearing to ensure that they understand the terms of their workers’ compensation agreement. This hearing and subsequent benefit payout typically happen within 30 days. There are some exceptions if the employer’s insurance company does not want to pay for an employee’s benefits.
A: Workers’ compensation in California includes the following five benefits:
Most employees qualify for compensation for medical care, but qualifying for additional benefits depends on the specific situation. For more information on what you are specifically entitled to, contact a workers’ compensation attorney.
A: The 5-year rule applies to the length of time that an employee can collect disability payments in a workers’ compensation claim. An employee can collect up to 104 weeks (or roughly 2 years) worth of disability payments within a 5-year period after the injury occurred or was discovered. If the disability is a chronic long-term condition, payments can sometimes be extended for up to 240 weeks of payments within a 5-year period.
A: Workers’ compensation does not address pain and suffering compensation. To receive compensation for pain and suffering after your workplace injury, you must file a separate personal injury claim. This claim can include expenses for losses like pain and suffering, economic damages, and costs for taking time off of work. To file a pain and suffering claim, contact a personal injury attorney to see if that is possible in your situation.
A: California is an at-will employee state, which means that employees can leave a job at any time, and employers can fire employees at any time. Although an employer cannot directly fire an employee solely for taking workers’ compensation benefits, they can still do so based on other reasons, like poor performance or financial difficulties. If you believe that your employer fired you unjustly, seeking legal counsel can help you learn what options are available to you. When you choose Barry Law Group to represent you, you’ll receive dedicated legal assistance to navigate the complexities of worker’s comp claims in California.
Filing a workers’ compensation claim can be a long and tedious process, especially if you are in the process of recovering from an injury. If you need assistance filing your claim or want help with understanding the benefits that might be available to you, contact Barry Law Group for personalized support for your unique situation.
Barry Law Group is comprised of attorneys and longtime staff members who are committed to the success of your legal matter. The firm understands that for most litigation is uncharted worrisome and often terrifying.