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When and How Should a California Worker’s Comp Claim Be Filed?

When and How Should a California Worker's Comp Claim Be Filed | 2H Law

Workers’ compensation insurance covers nearly every worker in California in case they are injured. Workers’ comp is a no-fault system, which means it does not matter who was at fault for the accident – the injured worker will still be covered.

However, injured workers must take specific steps to receive benefits. This blog post will explain when and how a California worker should file a workers’ comp claim.

What is a workers’ comp claim?

A workers’ compensation claim is a claim made by an employee who has been injured in the course of their employment. To receive benefits, the employee must file a claim with their employer.

There are two types of workers’ compensation claims:

  1. An injury claim
  1. A disease/ occupational disease claim

Injury claims are for injuries that occur suddenly and unexpectedly, such as a slip and fall accident. Disease claims are for injuries that develop over time, such as carpal tunnel syndrome.

When should a California worker file a workers’ comp claim?

A California worker should file a workers’ comp claim immediately after injury. The sooner the claim is filed, the sooner the worker will be able to receive benefits.

What are the benefits of filing a workers’ comp claim?

The main benefit of filing a workers’ comp claim is that it will provide the injured worker with financial assistance. Workers’ compensation will cover the cost of medical treatment and a portion of the worker’s lost wages.

In addition, filing a workers’ comp claim will protect the injured worker from being sued by their employer.

How do I file a workers’ comp claim?

If you are a California worker who has been injured on the job, you can file a workers’ compensation claim by following these steps:

  1. Report the injury to your employer.
  1. Obtain a workers’ compensation claim form from your employer or the workers’ compensation insurance carrier.
  1. Fill out the claim form and submit it to your employer or the insurance carrier.
  1. Your employer or the insurance carrier will notify the workers’ compensation board, and an investigation will be conducted.
  1. If the workers’ compensation board approves your claim, you will start receiving benefits.

It is important to note that you only have one year from the date of your injury to file a workers’ compensation claim. You will forfeit your right to benefits if you do not file within that time frame.

How long will my benefits last?

The length of your benefits will depend on your injury’s severity. For example, if you are disabled and cannot return to work, your benefits will continue for as long as you are unable to work.

If you have any questions about filing a workers’ compensation claim or need help with your claim, don’t hesitate to contact our office. We are here to help injured workers get the benefits they deserve.

What happens if my workers’ comp claim is denied?

If your workers’ compensation claim is denied, you have the right to appeal the decision. The appeals process can be complex, so it is essential to seek out the help of an experienced workers’ compensation attorney.

How to file for an appeal?

If you’ve been injured on the job in California and your workers’ compensation claim has been denied, you have the right to file an appeal. The appeals process can be complex, and it’s essential to have an experienced workers’ compensation attorney on your side.

Here’s a look at the basics of filing an appeal for a denied workers’ compensation claim in California:

  1. Request a Reconsideration
    The first step in the appeals process is to request a Reconsideration of your claim from the workers’ compensation appeals board. This request can be made online, by mail, or in person.
  1. File a Petition for Review
    If the reconsideration of your claim is unsuccessful, you can file a Petition for Review with the California Workers’ Compensation Appeals Board.
  1. Appear at a Hearing
    If your Petition for Review is granted, you will be given a date for a hearing. At the hearing, you and your attorney will present your case to a workers’ compensation judge.
  1. Wait for a Decision
    After the hearing, the judge will issue a decision. Your workers’ compensation benefits will be paid if the decision is in your favour.

In conclusion, California workers who have been injured on the job should contact an attorney as soon as possible to discuss their claim. Attorneys at 2H Law (619)-374-9320 can help injured workers navigate the workers’ compensation system and get the benefits they deserve.

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