Getting injured on the job not only threatens your health and wellness, but can also be detrimental to your livelihood. It’s for this reason that California offers some of the best workers’ compensation protection in the nation – even for undocumented employees.
Casa de la Justicia is one of the premier workers’ compensation law firms in the state of California. While each state has its own unique rules and regulations that govern workers ‘comp, our attorneys focus on those here in California. No matter what your injury, the best course of action for filing a workers’ compensation claim is doing so as soon as possible.
Even though California has great protections for employees, filing a workers’ comp claim can be a complex process. To ensure you get the benefits you deserve, your best course of action is to contact an attorney immediately.
Casa de la Justicia is here to help you with your workers’ compensation claim. Give us a call at 1-800-840-8080 for a free consultation.
Does the Federal Government Offer Workers’ Comp?
Many people get confused about whether the federal or state government is in charge of workers’ compensation insurance. The simplest answer is that both federal and state governments offer workers’ comp coverage – although they each only cover certain types of jobs.
If you are a civilian and work for the federal government, the Federal Employee’s Compensation Act (FECA) will ensure you get coverage in the event of an injury on the job. For any other job with a private business or state organization, you will look to the state where you reside for workers’ comp coverage.
What Should I Do if I Get Injured on the Job in California?
The state of California devised the California Workers’ Compensation Act to protect employees in the Golden State. In fact, both part-time and full-time employees are entitled to coverage for medical treatment, as well as their salaries when they are unable to work. However, you cannot receive workers’ comp benefits in California without first filing a claim with the Division of Workers’ Compensation (DWC).
To ensure that you get the coverage you deserve in the event of a workplace injury, it’s highly recommended to engage a worker’s comp attorney like those at Casa de la Justicia. A consultation with our attorneys is 100% free and you will pay nothing until your case is resolved.
As things unfold with your injury or illness, your lawyer will help you get proper medical treatment with no out-of-pocket expenses. Once you have reported the incident to your employer, you can move forward with filing a formal workers’ comp claim in California.
What are the Required Steps for Filing a Workers’ Compensation Claim?
While the California Workers’ Compensation Act is in place to protect people on the job, you still need to take specific steps to get coverage. This is where a worker’s comp attorney can be really helpful, as doing any of the steps out of order or missing a deadline can greatly hinder your chances of success.
- Report the Injury to Your Employer
- Timeline: 30 Days
If you get injured or sick at work, you must immediately notify your manager or supervisor. For more serious injuries, call 911 or go straight to the hospital.
In certain rare examples like repetitive use injuries, damages might happen in a more gradual manner. If this is the case, report the injury as soon as you know it is an issue with your health.
A failure to report your injury or illness to your employer within 30 days’ time could cause you to lose your workers’ compensation benefits.
- File Your Claim with the DWC
- Timeline: 1 Year
Once you have reported your injury to your employer, they “must give or mail you a claim form within one working day after learning about your injury or illness.” In the event that they don’t supply you with a form, you can download it directly from the DWC website.
Fill out the appropriate part of the form and submit it to your employer, taking note of the date and time of all important actions. Next, your employer will fill out their part of the form before finally submitting the claim to the worker’s comp insurance company.
After everything is turned in, you should count on waiting about 2 weeks for an answer from the insurance company. Please note, that since you only have 1 year after your injury to appeal your filing, it’s recommended you take these steps as quickly as possible.
- Appeal Your Claim with the WCAB
- Timeline: 1 Year
In the event that your claim is rejected the first time around, you need to file an appeal with the Workers’ Compensation Appeals Board (WCAB).
In California, you must plead your case to a WCAB judge. At this point, the insurance company will also argue why they denied the claim in the first place. If you lose the appeal to a WCAB judge, you have one more opportunity to appeal this decision. You have 20-25 days to file a Petition for Reconsideration.
Questions? Talk Casa de la Justicia
If you have questions, please Contact Us at Casa de la Justicia at 1-800-840-4040 for a free consultation.
