No one goes to work and expects to be involved in an accident. Unfortunately, accidents happen every day on the job. If you have been injured while at work, you should be protected by workers’ compensation, but settling a claim can be complicated and confusing.
Without the help of a Costa Mesa workers’ compensation lawyer to guide you through the recovery process, you could miss receiving the important compensation you deserve for your on-the-job injury. The experienced Costa Mesa personal injury lawyers at Simmrin Law Group can help you navigate your workers’ compensation claim and obtain maximum reimbursement for your injuries.
Who Is Eligible to Receive Workers’ Compensation Benefits in Costa Mesa
The California workers’ compensation system covers a wide range of employees across the state. Workers’ compensation is intended to compensate you for your accident-related medical bills, lost wages, and treatment expenses, among other losses. You are eligible to receive workers’ compensation coverage if you are:
- A full-time or part-time worker
- A temporary worker
- An independent contractor who works for an employee
- An illegal U.S. resident
- At fault for your workplace injury
If you are unsure of whether you qualify for workers’ compensation benefits, contact a Costa Mesa workers’ compensation attorney as soon as possible after your on-the-job injury. We can investigate your claim and advise you on the steps you should take. If workers’ compensation is an option for you, we can help you file your claim, or we can help you through the appeals process if you have been wrongfully denied benefits.
For a free legal consultation with a workers’ compensation lawyer serving Costa Mesa, call (310) 896-2723
Employer Requirements for Workers’ Compensation in Costa Mesa
Under California law, employers are required to obtain workers’ compensation insurance to provide benefits to their employees if they have one or more workers. Employees are not required to help their employers pay for this coverage. Failure to obtain workers’ compensation insurance is a criminal offense and can be punishable by a fine or imprisonment.
Employers must provide their injured employees with a workers’ compensation claim form within one working day of their workplace accident. They must also provide an injured employee with light-duty work when possible and meet any restrictions a medical provider recommends. An employee has 30 days to accept an offer of modified or alternative work before an employer can revoke such an offer.
Costa Mesa Workers’ Compensation Lawyer Near Me (310) 896-2723
Causes of Workers’ Compensation Injuries in Costa Mesa
Injuries at work can be caused by a variety of factors, from unsafe work environments to repetitive movements to pure accidents. They can happen on the work site or somewhere else in the course of employment. Common causes of workers’ compensation claims include:
- Exposure to harmful substances
- Repetitive strain
- Slips, trips, and falls
- Falling or moving objects
- Motor vehicle accidents
- Machinery accidents
- Burns or explosions
- Workplace violence
Employees are eligible to receive workers’ compensation if they are hurt in a single event or repeated exposures. For example, a single event could include a fall, burns, or a car accident. Repeated exposures include injuries obtained from performing the same motions repeatedly, such as an arm or shoulder injury caused by daily use of a jackhammer.
Workers’ Compensation Benefits Qualifying Costa Mesa Employees May Receive
Employees who are injured at work in California are entitled to certain workers’ compensation benefits, including the following:
- Medical care: Treatment to help you recover from injuries received at work, including doctors’ visits, tests, medications, medical equipment, and necessary travel costs
- Temporary disability benefits: Payments if you are unable to work while you are recovering.
- Permanent disability benefits: Payments if you do not completely recover from your injuries and your injury causes loss of physical or psychological function.
- Supplemental job displacement benefits: Vouchers to help you pay for retraining or enhancing your skill if you do not completely recover and do not return to work.
- Death benefits: Payments to an employee’s spouse, children, or other dependents if the worker dies from their workplace injury.
The workers’ compensation disability benefits paid to you for income replacement are based on your pretax gross income. In California, you are entitled to receive two-thirds of that income. The maximum temporary total disability payment you can receive through workers’ compensation in Costa Mesa is $1,619.15 per week.
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How to File a Workers’ Compensation Claim in Costa Mesa
It is critical that you notify your employer as soon as possible after your workplace injury, as you only have 30 days to do so. As discussed above, your employer is required to provide you with a workers’ compensation claim form within one working day of notice of your injury. Once you receive that form, there are steps you must take to complete the workers’ compensation claim process.
Submit Your Claim
When you receive the workers’ compensation claim form from your employer, fill it out and return it to them as quickly as possible. The claim form requests details about your injury. It is recommended that you follow up with your employer to verify they have completed their portion of the form and submitted the claim to their insurance company.
Wait for the Insurance Company’s Response
Once you return your claim form to your employer, the insurance company has 90 days to determine whether they are going to approve your benefits. While you wait, they are responsible for paying up to $10,000 in medical bills for your treatment.
Make sure you are aware of the medical providers that are in your employer’s medical provider network, as not all healthcare practitioners will be covered by workers’ compensation insurance.
Suppose you have questions about your workers’ compensation claim that your employer is unable to answer. In that case, it is recommended that you contact a workers’ compensation attorney in Costa Mesa for help. We can walk you through the process of submitting your claim, verifying you are eligible for compensation as a result of your workplace injuries, and assisting you if your claim is denied.
What to Do if Your Costa Mesa Workers’ Compensation Claim Is Denied
You will probably feel anxious while you wait to hear back from your employer’s insurance company regarding your workers’ compensation claim. When you finally do hear back, you will likely be devastated if your claim is denied. If this happens to you, do not panic.
Reach out to a workers’ compensation lawyer in Costa Mesa who can fight to get you approved to see a medical provider not designated by your employer. Doing so will increase your chances of receiving a non-biased medical evaluation to support your claim. An experienced workers’ compensation lawyer can also help you get the denial reversed.
How to Protect Your Rights in a Costa Mesa Workers’ Compensation Claim
Our skilled workers’ compensation attorneys at Simmrin Law Group are ready to evaluate your workers’ compensation claim. We can give you the guidance you need to get your claim approved and the financial support you are relying on to make ends meet.
Contact the Simmrin Law Group today for a no-obligation, free consultation to discuss your workers’ compensation claim and start the process of obtaining maximum reimbursement for your injuries.