San Bernardino is home to many types of businesses, with offerings ranging from industrial to educational, retail, healthcare, and much more. When a worker at one of these varied businesses suffers a workplace injury or illness, they typically can obtain coverage of medical treatments and wage loss associated with the injury through California’s workers’ compensation program.
One of the most common questions that workers have about this program involves the length of a San Berardino workers’ compensation claim. Here is a general look at the claims process and how long benefits may be available. If you have been injured at work, an experienced workers’ compensation lawyer can answer your questions about your claim.
How Long are Benefits Available?
Workers’ compensation provides temporary and permanent disability benefits. In San Bernardino, once a doctor determines that the worker’s injury or illness is work-related, the worker’s compensation claim benefits last up to 104 weeks (two years). In some cases, these benefits can extend to 240 weeks over five years. Some injuries that may lead to an extension of temporary disability benefits are severe burns or certain work-related chronic diseases.
A worker can receive permanent disability benefits throughout their life if their injury or illness permanently impairs their ability to earn a living. The doctor treating the worker’s injury or illness identifies permanent disabilities, and the Division of Workers’ Compensation’s Disability Evaluation Unit evaluates their report and assigns a disability rating. This rating determines the amount of wage replacement benefits the worker will receive, along with other factors.
How Long Does the Workers Compensation Claims Process Take?
The total length of a workers’s compensation claim in San Bernardino varies, but the injured worker must report a workplace injury or illness within 30 days of the incident—the sooner, the better. Employers must provide an injured or ill worker with a claim form within one working day of receiving a report. After the worker completes and returns the form, the employer submits it to the administrator of their workers’ compensation insurance policy within one working day. The administrator has 90 days to investigate and decide on the claim. During this period, the injury is presumed work-related, and up to $10,000 in medical treatment must be authorized within one working day of receiving the claim.
If the employer denies the claim, the worker can appeal the decision before an administrative judge. If the claimant disagrees with the judge’s decision, they can request a hearing before the state’s workers’ compensation appeals board within 20 days if they receive immediate notification of the judge’s decision or 25 days if the decision arrived by mail.
Questions About the Duration of a San Bernardino Workers’ Comp Claim? Contact Us
California’s workers’ compensation program provides needed benefits for those injured on the job or have contracted a workplace illness. However, the process of receiving this compensation can be difficult, and claimants often worry about what will happen if their benefits end while they are still recovering.
Let our legal team explain the length of a San Berardino workers’ comp claim and answer any questions you have about your situation. Contact us today for a free case evaluation.