Anyone injured while on the job in California may be entitled to receive compensation while they are recovering from their injuries under the California Workers’ Compensation Act (CWCA). Under the CWCA, when an employee suffers a qualifying injury, their employer must cover the employee’s medical expenses as well as provide the employee with ongoing workers’ compensation benefits for the duration of their recovery.
The Requirements of a Workers’ Compensation Claim
After suffering a California workplace injury, an employee should obtain the necessary medical care. In some cases, an employee will need to visit a specific doctor. However, in emergency cases, the employee can seek medical attention at the nearest hospital or medical facility.
The employee should then notify the employer immediately, or within 30 days at the very most, in order to preserve their right to obtain workers’ compensation benefits. In cases in which an employee’s injury has developed over time, the employee should notify the employer as early as practicable. Often, this would be the first time that the injury required the employee to miss a day of work. If an employee does not report the injury in a timely manner, the employer may have grounds to contest the employee’s workers’ compensation application.
There are also a number of forms that must be completed in order to submit a California workers’ compensation application. Once an employee’s application is complete, the insurance company handling the employer’s workers’ compensation claim will reach out to the employee, letting them know the outcome of their claim. The insurance company has 14 days to contact the injured employee, or a 10% penalty may apply. If, however, an insurance company needs additional time to investigate a claim, they will be given an additional 90 days. In this situation, the insurance company must authorize payment of the employee’s actual medical expenses up to $10,000.
Some Changes to California’s Workers’ Compensation System
Earlier this month, an industry news source compiled a list of all bills passed and signed into law in 2017 that will affect the state’s workers’ compensation system. Many of the changes will affect only a small number of employees. However, SB 306 has the potential to affect most California workers in that it strengthens the Labor Commissioner’s ability to investigate and prosecute retaliatory actions taken by employers when an employee files or testifies in a workers’ compensation claim.
Workers’ compensation laws and policies are constantly changing, and anyone injured in a California workplace accident should seek the counsel of a dedicated California workers’ compensation attorney for assistance with their claim.
Have You Been Injured on the Job?
If you have recently missed work due to a California workplace injury, you may be able to obtain California workers’ compensation benefits while you recover from your injuries. The dedicated personal injury and workers’ compensation attorneys at Sharifi Firm have extensive experience handling all types of injury cases, including those that occur on the job. We have represented thousands of clients and are proud of our successful track record. Call 866-422-7222 to schedule a free consultation with an attorney at Sharifi Firm today.
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California Car Accident Plaintiff Misses Out on Opportunity to Cross-Examine Defense Medical Expert, Southern California Injury Lawyer Blog, October 19, 2017