A work injury can have a devastating impact on multiple areas of your life. If you have recently been injured at work, you may already know that a work injury can cause permanent and lasting disability.
Many people who have been injured at work initially require some time off for recovery and treatment for their injuries and may require additional time off work down the road to undergo necessary surgery, physical therapy, and other treatment to allow them to return to working full duty at their job. Additionally, some injured workers will even need services such as vocational rehabilitation, educational training, or will need to go back to school to earn an additional degree or certification in order to reenter the workforce and stay competitive in the job market after a particularly severe work injury. Unfortunately, although California employers must carry workers compensation coverage, employers are not always willing to pay for these benefits.
If you are injured at work, it is crucial that you receive every benefit that you are entitled to so that you can recover from your injury and return to your job. At Kneisler & Schondel, our legal team is committed to making sure injured workers receive all benefits that they are entitled to pursuant to California workers’ compensation law. We offer free consultations for work injuries, so please contact us today to schedule a meeting with us to learn more about what we can do to help you receive workers’ compensation benefits for your work-related injury or illness.
Understanding Workers’ Compensation
Under California’s workers compensation laws, injured workers are entitled to various workers compensation benefits, depending on the circumstances of their case. These benefits may include payment of medical bills, compensation for time off work due to the injury, compensation for permanent disability, vocational rehabilitation, and more.
Definition and Purpose of Workers’ Compensation
Workers’ compensation is a type of insurance that provides employees who have been injured in the course of their employment with certain benefits such as payment of medical bills and wage replacement, in exchange for the relinquishment of their right to sue their employer for negligence. The workers’ compensation system is one of collective liability, designed to ensure security of compensation to workers, while also protecting employers from the potential of insolvency due to high damages awards in successful tort cases.
Who Is Covered Under Workers’ Comp?
All California employers (with one or more employees) are required to provide workers’ compensation benefits to their employees in accordance with California Labor Code Section 3700. California workers compensation insurance requirements state that all employees must be covered by workers’ compensation insurance; however, independent contractors (who are properly classified as such) are not covered by state work comp laws.
It is important to note that just because you were hired as an independent contractor, you could actually be considered an employee in the eyes of the law if you meet certain requirements. If you were injured on the job and believe you might have been improperly misclassified as an independent contractor, it is essential to speak with an experienced workers’ compensation attorney as soon as possible.
Types of Injuries and Illnesses Covered
Workers’ compensation not only covers workplace injuries, but it also covers employees who contracted illnesses on the job, such as COVID-19. For an injury or illness to be considered work-related, and compensable under California workers’ compensation laws, it must both occur in the course of and arise out of the worker’s employment with their employer.
Some examples of injuries and illnesses that may be covered by workers’ compensation include:
- Back injuries
- Rotator cuff tears
- Carpal tunnel syndrome
- Cuts/lacerations
- Spine injuries
- Herniated discs
- Broken bones from a fall
- Hearing loss
- COVID-19
- Respiratory diseases
- Hearing loss
- PTSD
Steps to File a Workers’ Compensation Claim
When you file a workers’ compensation claim, you must follow the procedural steps carefully to preserve your right to pursue your claim for benefits. Failure to properly adhere to the procedural rules could result in your claim being dismissed or barred. For this reason, it is always a good idea to consult an experienced workers’ compensation attorney before moving forward with your work comp claim.
Reporting the Injury
The first step to take when filing your workers’ compensation claim is to report your injury to your employer. You should report your injury to your supervisor, boss, or otherwise to your employer as soon as possible after you were injured in order to avoid any delays in receiving medical treatment or other workers’ compensation benefits. If you do not report your injury or illness within 30 days, you could lose your right to receive work comp benefits entirely.
Seeking Medical Treatment
Another first step to take after a work injury is to obtain any necessary medical treatment that you need right away. If it is an emergency, call 911 (or have someone else you work with call) right away and get to the emergency room at the nearest hospital as soon as possible to receive treatment. Be sure to notify the hospital staff that you are there for a work injury if you are able to do so.
If your injury does not require immediate medical attention, you should still seek medical care as soon as you are reasonably able. When you arrive at your first appointment, make sure that the medical provider is aware that you are there for treatment due to a work injury.
Filing the Claim Form
Once you have received any urgent medical treatment, the next step is to file a workers’ compensation claim form, Form DWC-1. Filing this form will initiate the workers’ compensation process and allow you to protect your rights.
To fill out the form, you will need to complete the employee section on Form DWC-1, make a copy of the completed form for your records, and then give the other copy to your employer. Your employer will then complete the employer section and pass it along to their workers’ compensation insurance company. Generally, according to the workers compensation 90-day rule, your injury is presumed to be covered under workers’ compensation if your employer does not deny your claim within 90 days of the date you filed your claim.
Monitoring Your Claim Status
For general questions about your case or some questions about the status of your claim, you can contact your local Information and Assistance unit for more information. If you are experiencing delays or problems with obtaining benefits, you should contact a workers’ compensation attorney who can help you more directly.
Benefits Provided by Workers’ Compensation
If you have recently been injured at work, you may be wondering, “What does workers comp pay for?” Well, the benefits that you may be eligible for depend on the unique circumstances of your case. Some examples of common workers compensation benefits include:
Wage Replacement
One major work comp benefit is wage replacement, such as temporary total disability. You may receive temporary total disability payments as compensation if you lose wages when you are recovering from your work injury and cannot perform your usual job.
Medical Treatment Coverage
Generally, your employer will be responsible for the medical bills you incur for treatment that is both reasonable and related to your work injury or illness—subject to certain limitations. Your workers’ compensation attorney can explain the limitations and exceptions in greater detail as they pertain to your case.
Vocational Rehabilitation
In some cases, you may be entitled to vocational rehabilitation or a supplemental job displacement benefit, which allows you to attend training or learn a new trade or skill. This benefit is designed to help you become competitive in the workforce after an injury has made it difficult or impossible for you to return to your former trade or earn the same amount of money that you had prior to your injury.
Other Financial Benefits
There are also other financial benefits that you may be eligible for, depending on the circumstances of your case. These can include permanent disability benefits, death benefits, and more.
Are Workers Compensation Benefits Taxable?
Generally, no workers’ compensation benefits are not taxable. However, there are certain exceptions that can apply in some circumstances, so be sure to discuss this issue with your work comp lawyer if you have questions about whether the benefits in your case are taxable.
Common Challenges and Tips for Success
Unfortunately, injured workers may face unexpected challenges when trying to get the benefits that they deserve. Some common reasons for claim denials include:
- The work injury was reported too late;
- Dispute over whether the injury occurred in the course of employment;
- Dispute over whether the injury arose out of the worker’s employment;
- The alleged injury did not actually occur at all;
- Medical treatment disputes.
Tips for Overcoming Challenges
To help prepare for potential challenges to your claim, there are some things that you can do along the way, such as:
- Keep detailed records of your wage statements, injury report, medical bills, and any communications;
- Take photographs of your injury early on;
- Do not communicate with your employer regarding your pending claim beyond what you are required to do;
- Hire an experienced workers’ compensation attorney early in the process.
Getting Legal Help
Even when a workers’ compensation claim is accepted, there are many ways that a claim can be delayed or become disputed down the road. It is always best to hire an experienced workers’ compensation attorney, such as Matthew A. Schondel, at the outset of your case so that you can be ready to fight back if problems arise.
Ensure You Receive the Workers’ Compensation Benefits You Deserve
As an employee in the state of California, it is critically important that you receive all workers’ compensation benefits that you deserve in the event that you are injured in the workplace. If you have recently been injured in a work accident or suffered a work-related illness, give us a call today at the law office of Kneisler & Schondel (707-542-5132) and request your free consultation. We are ready to help you fight back and get the benefits that you deserve.