More than 419,000 California workers suffered an injury on the job in 2022. Workers’ compensation insurance provides financial protection for injured workers. However, employers and their insurance companies may deny or underpay claims. A Riverside workers’ compensation lawyer at the JLF Firm can help you recover the compensation you need.
What Is Workers’ Compensation?
Workers’ compensation is a social insurance program administered by the California Department of Industrial Relations’ Division of Workers’ Compensation. The workers’ compensation program provides benefits to employees injured on the job on a no-fault basis. In exchange, employees eligible for workers’ compensation coverage can’t sue their employer due to a work-related injury.
Do I Need a Riverside Workers’ Compensation Lawyer?
Though workers’ compensation is a state-run program, a network of private insurance companies processes the majority of claims. These for-profit companies may deny valid claims, refuse to pay for covered services, or attempt to underpay benefits. A Riverside workers’ compensation attorney can help you navigate the claims process and ensure you receive all of the benefits owed to you.
Insurance companies may try to take advantage of your lack of experience with the workers’ comp system. When you work with an experienced Riverside workers’ compensation lawyer, your attorney will understand the terms of the insurance policy and benefits owed to you and use that knowledge to ensure you receive what you deserve.
If the insurance company denies your claim, your attorney will help you file an appeal and present the evidence necessary to prove your claim. Your lawyer handles the details of your claim so you can focus on your recovery.
A Riverside workers’ compensation attorney can:
- Expedite the claims process
- Help you receive the medical treatment you need
- Ensure you receive fair compensation
- Negotiate with the insurance company
Our attorneys can also help you if your employer does not have workers’ compensation insurance.
What Does California Workers’ Compensation Cover?
California workers’ comp covers:
- Medical treatment for your job-related illness or injury
- Lost wages due to your inability to work because of your illness or injury
- Supplemental job displacement benefits
- Death benefits
Temporary disability benefits pay two-thirds of your pre-tax wages while you can’t work due to your illness or injury. These benefits end when your doctor clears you to return to work. Other benefits include compensation for travel expenses related to medical care and vocational rehabilitation.
If you have a permanent disability due to your workplace illness or injury, you may receive compensation based on your level of impairment, even if you return to work. A qualified medical examiner will provide you with an estimate of your permanent impairment. If you are the spouse or dependant of an employee who died as a result of a work-related accident or illness, workers’ compensation covers burial expenses and lost income.
What Are Common Workplace Accidents in Riverside?
Workplace accidents that frequently occur in Riverside include:
- Falls
- Exposure to chemicals
- Injuries caused by heavy lifting
- Motor vehicle accidents
- Repetitive stress injuries
The most common types of injuries vary by industry and workplace. For example, office workers are more likely to suffer a repetitive stress injury caused by typing, while employees in an industrial setting may have a higher risk of chemical exposure.
Who Is Liable for Workers’ Comp in California?
Workers’ compensation provides no-fault coverage for workplace injuries. Your employer’s insurance company must cover your eligible injuries, regardless of who caused them.
However, disputes over claims do happen. Working with a Riverside workers’ compensation lawyer can help you avoid many common problems.
Who Is Eligible for Workers’ Compensation in California?
All employees, except for exempt employees who have coverage under a different program, are eligible for workers’ compensation benefits in California. California law requires all companies with one or more employees to purchase workers’ compensation insurance.
Workers not covered under California workers’ compensation include:
- Federal workers
- Volunteers
- Independent contractors who are not employees
There are some gray areas in workers’ compensation law, particularly concerning the proper classification of independent contractors. If an employer denies your workers’ compensation claim based on your status as an ineligible worker, contact a Riverside workers’ compensation lawyer. If your employer classified you as an independent contractor or volunteer incorrectly, you may be able to receive benefits.
How Do I Report My Work Injury in Riverside?
Report your work injury to your employer as soon as possible by filing an accident report with your direct supervisor or human resources department. Always report work accidents, even if you don’t think you have an injury.
Some injuries may not cause symptoms immediately, and having the incident on record is important for your claim.
You must report your injury to your employer within 30 days of the incident or from the date you discovered your work-related illness or injury. Your employer must give you a DWC-1 workers’ compensation claim form within one day of learning about your injury.
While you should make every effort to report your illness or injury before the deadline, if you fail to do so but your employer should reasonably have known about your injury, you may still be able to receive benefits. Reporting the injury as soon as possible is best.
What If My Workers’ Comp Claim Gets Denied?
Employers or their insurance companies may deny workers’ compensation claims if they don’t believe the injury or illness qualifies or that the employee is eligible for benefits. They may also deny your claim if you didn’t report your injury within 30 days or file your claim within one year.
You may receive a denial if your employer alleges that you did not seek medical treatment, horseplay or intoxication caused your workplace injury, or the injury happened while you were doing something that wasn’t job-related.
Contact a Riverside workers’ compensation lawyer immediately if you receive a denial of your claim.
Your attorney will identify the reason for the claim denial, present the evidence required to prove your claim, and negotiate with the insurance company to attempt to obtain your benefits. For example, your attorney can help you file an Application for Adjudication of Claim with the California Workers’ Compensation Appeals Board and request a hearing before a judge. If you do not win your appeal, your lawyer can help you file a lawsuit in civil court.
Where Can I Contact a Riverside Workers’ Compensation Lawyer?
Whether you are just starting the process of reporting an injury or have already received a denial of your claim, working with a Riverside workers’ compensation lawyer at the JLF Firm increases your chance of success. Contact our Riverside workers’ compensation attorneys today to schedule a consultation.
