You may never think about getting hurt on the job that you enjoy. After all, you are not employed in any of the most dangerous professions. But if it does happen, you will think hard about what to do next. You have bills to pay and a family to support.
Thankfully, California employers must carry workers’ compensation insurance or self-insure to pay part of your wages, medical care, and other benefits if you are hurt at work or become ill because of your job. Because the program is a daunting hybrid of government rules and private sector insurance coverage, as soon as you are stabilized after a work injury is when to hire a San Bernardino workers’ compensation lawyer.
Benefits and Early Steps to Take
Employees injured on the job are eligible for replacement wages and medical care to treat the workplace physical trauma prior to returning to work after they heal, known as temporary disability benefits. Although the system does not assign fault for an accident like a personal injury lawsuit does, workers cannot be intoxicated and cannot purposely injure themselves to qualify for benefits.
Other benefits injured workers may be entitled to include:
- Permanent disability benefits if they cannot return to work
- Retraining for a different job through supplemental job displacement vouchers
- Lump sum payments attached to supplemental job displacement vouchers
- Death benefits for spouses, children, or parents
Employees must apply for benefits beginning with reporting an accident to a supervisor or Human Resources. Under the California Labor Code Section 5400, an employee must report an accident within 30 days of its occurrence. Illnesses exacerbated by the job should be reported within 30 days of discovery.
Sometimes, employers drag their feet at the beginning of the compensation process and do not respond or do not report to the insurer. Often, facing a crippling and painful injury overwhelms an employee who needs help with the process. Situations like these are when to hire a San Bernardino workers’ compensation attorney.
Employers Cannot Retaliate or Discriminate
Employers sometimes retaliate against workers who file a workers’ compensation claim after a job-related injury. Concerned about potential increases in insurance rates, they may pressure employees not to file. Retaliation can include threats, demotion, denial of a deserved promotion, or termination.
A key exception exists for termination. Employees dismissed for reasons unrelated to their work injury or illness may lose eligibility for workers’ compensation benefits after receiving notice of termination. Retaliation for filing a claim is another reason to seek a workers’ compensation attorney in San Bernardino.
We Can Appeal Denied Claims
An employer, insurance company, and workers’ compensation claims administrator collaborate with an approved physician who assesses the employee’s prognosis. We coordinate with all parties to ensure timely submission of information and comprehensive responses to inquiries. Claims administrators review workers’ compensation applications, approving or denying them based on input from employers and insurers. If a claim is denied, hiring a San Bernardino workers’ compensation attorney is crucial. We can appeal the decision by filing an Application for Adjudication of Claim and representing clients before a judge during the review.
Hiring a Workers’ Compensation Lawyer is Your Best Chance for Success
Injuries at work happen every day and if you are a Californian, you are entitled to compensation for your medical bills and partial wages until you heal and return to work. But complicated government-backed programs can go awry or confuse those entitled to help. That is when an experienced attorney can step in and assist you.
Your employer may not cooperate for fear of higher insurance premiums, you may have been partly responsible for your accident because you were distracted, or the claim you submitted was denied. Let us help in any situation and at any stage of the process. If you ask when to hire a San Bernardino workers’ compensation lawyer, our answer is now. Contact us today for a free consultation.
(909) 885-1620