work related injury Archives - UELG https://www.california-labor-law-attorney.com/tag/work-related-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 work related injury Archives - UELG https://www.california-labor-law-attorney.com/tag/work-related-injury/ 32 32 Work-Related Injuries https://www.california-labor-law-attorney.com/work-related-injuries/ Mon, 23 Jan 2017 21:14:35 +0000 https://www.sanfranciscoemploymentattorneys.net/?p=1343 As per the California Law, if you have been injured while working, you are entitled to receive workers compensation benefits […]

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Man hurt at work holding his knee and in pain

As per the California Law, if you have been injured while working, you are entitled to receive workers compensation benefits from your employer.

Duration: In order to become eligible, you will be required to give a notice of your injury to your employer. The notice should be given within 30 days from the date of the injury. In case of injuries, which gets worse with time, you have to send the notice within 30 days from the date on which the injury became serious. For example, one day, you might have suffered a light back strain while picking some document. You didn’t realize it then, but the pain got worse after 7 days. In this case, the notice should be given within 30 days from the date on which you experienced serious pain.

Apart from the notice, you will also have to file a DWC-1 form. You have to submit it to your employer, and then your employer will transfer it to the insurance company. In case of this form, the time limit is 1 year. But you shouldn’t wait for that long. File it as soon as possible.

In case you fail to file the notice within 30 days, you wouldn’t be able to claim the benefits. But if somehow, you can prove that your employer had knowledge of your injury, then you have a chance. For example, if any of your colleagues has informed your employer about your injury, then he should have known.

Eligibility: In order to become eligible for workers compensation benefits, the injury has to be work related. The term ‘ work related’ can be quite confusing and vague. It basically means the injury needs to happen while you were working. For example, if you get injured during break or lunch hours, then you will not qualify. But if you were picking up lunch for your employer, then you will be eligible.

Benefits: You are entitled to receive all the expenses which are required for your treatment. This will include all the necessary expenses like medicines, doctor fees, and hospital bills. You will be entitled to the benefits just one day after filing the claim.

In case your employer doesn’t have workers compensation coverage, then you might need to take legal action. He or she will have to pay your medical expenses and other necessary expenses. In that case, you will need to take the help of a lawyer. United Employee Law Group can help you out in this regard.


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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.


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