What to Do If You’re Injured on the Job in Sacramento
All employers have a legal responsibility to provide a safe work environment free from hazards that could cause injury. Unfortunately, accidents do happen, and depending on the severity, work-related injuries can be serious. Medical expenses and lost wages often pile up quickly, creating financial hardship. Fortunately, if you suffered a work-related injury, you may be entitled to benefits through California’s Workers’ Compensation system. An experienced Workers’ Compensation attorney can guide you through the claims process and help you secure the benefits you deserve.
What Steps Should I Take If I’m Injured at Work?
If you are injured on the job, following these steps is crucial to protect your rights and ensure a successful Workers’ Compensation claim:
- Report the injury immediately to your employer or supervisor, preferably in writing. California law requires you to notify your employer within 30 days of the injury, but reporting as soon as possible is best.
- Your employer should provide you with a Workers’ Compensation claim form (DWC-1). Fill it out carefully with details about the accident, including the date, location, how it happened, and the injuries sustained.
- Seek medical treatment immediately. Your employer may direct you to a company-approved doctor for your initial evaluation. It is important to follow all medical advice and keep records of all treatments.
- Consider consulting a Workers’ Compensation lawyer who can answer your questions, assist with paperwork, and advocate for your rights throughout the claim process.
Do I Qualify for Workers’ Compensation Benefits?
To qualify for Workers’ Compensation benefits in California, generally, you must meet these criteria:
- You must be classified as an employee (independent contractors and volunteers are usually excluded).
- Your employer must have Workers’ Compensation insurance coverage, which is mandatory for most employers in California.
- Your injury or illness must have occurred as a direct result of your job or work-related duties. This includes injuries sustained while traveling for work or during work breaks in certain circumstances.
Are There Work-Related Injuries Not Covered Workers’ Compensation?
Most workplace injuries are covered, but there are exceptions where benefits may be denied, such as:
- Injuries resulting from intoxication or being under the influence of drugs or alcohol at the time of the accident.
- Injuries caused willful misconduct or serious criminal activity the employee.
- Self-inflicted injuries.
- Injuries that occur outside the course and scope of employment, such as personal activities during work hours without employer permission.
- Injuries resulting from failure to follow reasonable company safety rules or protocols.
What Benefits Can I Receive Through Workers’ Compensation?
If your claim is approved, you may be entitled to:
- Coverage for all necessary medical treatment related to your injury.
- Temporary disability benefits if you are temporarily unable to work.
- Permanent disability benefits if your injury causes lasting impairment.
- Supplemental job displacement benefits to help if you cannot return to your previous job.
- Death benefits to your dependents if your injury results in a fatality.
How Long Does It Take to Receive Benefits?
After you file your claim, the insurance company will investigate, which typically takes 14 to 30 days. This process involves reviewing medical records, interviewing you and your employer, and verifying the facts. Cooperating fully and promptly helps speed up the decision. If you suspect unfair or unethical practices during the investigation, consult a Workers’ Compensation lawyer immediately.
What If My Workers’ Compensation Claim Is Denied?
Claims can be denied for reasons like late reporting, insufficient medical evidence, failure to seek treatment, or disputes about whether the injury is work-related. However, a denial is not the end of the road. You have the right to appeal:
- Request for Reconsideration: Submit new evidence and legal arguments to the Workers’ Compensation Appeals Board (WCAB).
- Petition for Reconsideration: If the initial request is denied, you may file a formal petition for review.
- Hearing: If needed, a hearing before a WCAB judge will be held where both sides present their case.
- Further Appeals: If you disagree with the judge’s decision, further appeals are possible but can be complex.
An experienced Workers’ Compensation lawyer can guide you through this process and advise on the best course of action.
Sacramento Workers’ Compensation Lawyers at Walters & Zinn, Attorneys at Law Are Here to Help
If you suffered a serious injury at work, don’t navigate the Workers’ Compensation process alone. Our Sacramento Workers’ Compensation lawyers at Walters & Zinn, Attorneys at Law can assist you every step of the way to protect your rights. To schedule a free consultation, call 916-610-4706 or contact us online. Located in Folsom and Fairfield, California, we serve clients in the surrounding areas.