injury Archives - UELG https://www.california-labor-law-attorney.com/tag/injury/ California Labor Law Attorney Fri, 21 Feb 2020 21:44:01 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg injury Archives - UELG https://www.california-labor-law-attorney.com/tag/injury/ 32 32 Common Mistakes When Filing a Worker’s Compensation Claim https://www.california-labor-law-attorney.com/common-mistakes-filing-workers-compensation-claim/ Mon, 25 Dec 2017 17:43:29 +0000 https://www.paymeovertime.com/?p=1070 The biggest problem people face when filing worker’s compensation claims to receive benefits entitled is usually understanding and knowing the […]

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Man hurt and on the ground while working in warehouse

The biggest problem people face when filing worker’s compensation claims to receive benefits entitled is usually understanding and knowing the rules. Failure in complying could result in either minimum claim attained or completely denied.

Don’t let the following mistakes cost you a lot of money:

Assuming not to be entitled to a worker’s compensation- you do not have to ask yourself this question. If injured at the workplace, then you are entitled to worker’s completion act. It is, therefore, your right to claim compensation for your medical bills, without question.

Failure to report the accident- report the accident to your employer as soon as possible. It should be in writing or in person.

Failure to report to your doctor- all the details of the accident have to be on your doctor’s record. Any information absent will lead to denial of your claim. Don’t give them an excuse. A complete and accurate report is always necessary.

Failure to stay in contact with your employer- be available always for inquiries by your employer even when you do not work. Further information on your occupational injury may be required or you may be required to verify the information you already give.

Seeking coverage through a private health insurance- you should note that your health insurance covers medicals bills and also will not cover for on the job injury. But your worker plan covers all the costs associated with your injury or disability benefits.

Failure to claim due to no event caused the injury- do not assume, you may be eligible to get benefits as long as the injury was along the line of duty in your workplace.

The thought that pre-existing conditions will make you ineligible- as long as your pre-existing conditions are made worse by the injury, you are therefore eligible for benefits. The workplace injury has to be the reason for treatment in this scenario.

What if the employers seek to prove nothing has happened to me? Let this not be a question. To avoid paying for you they may try to prove that you are fine. In this case, it is nice to visit a trusted doctor and hire a worker’s compensation attorney. It is essential for financial help and also for your defense in court for the extremes.

Allowing the employer to “doctor shop”- they do not have the right to direct you to a specific doctor if they at all agree to pay. If they try to switch you to another doctor, you should consult a lawyer immediately.

Avoid costly mistakes and avoid delays by getting your work injury compensation filed correctly the first time.


Photo Credit: Shutterstock/wavebreakmedia

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Work Injuries in California https://www.california-labor-law-attorney.com/work-injuries-california/ Mon, 12 Sep 2016 22:22:20 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1396 Those who are injured at work in California, USA get their particular privileges in their work. Workman’s compensation provides insurance […]

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Man hurt at work holding his knee and in pain

Those who are injured at work in California, USA get their particular privileges in their work. Workman’s compensation provides insurance and services for employees that may be hurt on the job. Workman’s compensation CA has different rules than other states. All states can transform, although the fundamental idea is mainly the same.

The worker’s compensation system is a no-fault injury system, meaning it is not the employee’s fault that they were injured. Nor was it the employer’s fault that the employee was injured. The employer carries workers compensation insurance to pay for any injuries. The cost of the insurance may very well increase for the employer when a claim is made. But that is just the way the system works.

Employees have the to speak with your physician at no cost individually if hurt while working. The worker is given healthcare to think about treatment of their injuries and to get nicely to possess the ability to return to work. A business legally cannot fire the worker because of the injuries. The employer must retain an issue of employment that is equal in spend and stature that the employee held before injuries.

Once the hurt worker completes the documents and submits it to the employer, the process will need time. After the documents are filed with the insurance provider, it is out of the employer’s hands. The insurance provider produces all options. They conduct the analysis into what happened and the validity of the claim. They decide what will and will not be covered, the pay of wage benefits to the employer, payment to the medical companies, and eventually, the termination of benefits because of their determination if the worker is healed otherwise.

In most cases, the worker’s compensation process runs smoothly, and the employee is treated properly. However, there are times that there is a fight that ensues with the insurance company because they don’t think the employee was hurt on the job. This is the time when the employee should hire an attorney. This situation can take a lot of time to resolve. All the while, the employee has been injured, cannot work, and has no income. The insurance company usually fights because there will be a large amount of money they will be required to be paid out, and they simply don’t want to. They will find any reason they can to deny an injured employee. This doesn’t always happen though. A lot of workers compensation claims are clear cut and taken care of promptly.


Photo Credit: Shutterstock/ALPA PROD

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Worker’s Compensation for Car Related Accidents https://www.california-labor-law-attorney.com/workers-compensation-car-related-accidents/ Mon, 13 Apr 2015 16:26:16 +0000 https://www.california-labor-law-attorney.com/?p=1120 Compensation to workers are provided for a lot of work related issues. These compensations help a worker in any kind […]

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Group that is diverse sitting around on couches with books and papers out

Compensation to workers are provided for a lot of work related issues. These compensations help a worker in any kind of financial aid they may need. These compensations ensure that a worker is justified in receiving claims and insurances by the company or the employer. These compensations also help the worker to get back on track swiftly. There are a lot of car accidents each year. It is vital for a worker or an employee to understand what his/her options are when they are in a car accident while on duty or working for the employer. It is important for a person to know their legal rights in this scenario as car accidents can prove costly both in terms of health and finance.

Rules and clauses for receiving worker’s compensation and the means to go on about it

The rules and regulations for car related accidents while on the job are different state wise. However all laws state that you need to be on the job while the accident occurs. You cannot be driving for a personal cause while the accident occurs. If you are driving for a reason that includes working for the employer or other work related options that require you to be away from your office or work place, you can get worker’s compensation. This occurs in the situations where you may be running an errand or chore for the employer, you are making some sort of deliveries for the employer or the company, you are transporting another employee, if you are driving for a living, if you have no fixed office or workplace and have to drive for a living or if you are paid by your employer for your travel time. All these clauses typically means that you cannot claim worker’s compensation if you are driving or coming back home from office. However if you stopped midway to run some errand for the company or to pick some supplies and then got in to an accident, you may be eligible to receive compensation.

Worker’s compensation claims will only be entertained in a court of law if the worker can prove that the accident caused was due to the fault of the other driver. Also in a worker’s compensation claim, the person who was in the accident will only receive compensation for his/her medical bills and lost wages. He/she will not get any kind of remuneration for damage to property whatsoever. Property damage claims will be entertained in a civil claim and not a worker’s claim. It may be possible to combine both a worker’s claim and a civil claim in some cases. If the accident was due to the fault of the other driver, it may be possible to receive a civic claim.

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