Work-Related Injuries
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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