What Benefits Are Available Through Workers’ Compensation?
Workers’ compensation benefits are a crucial financial lifeline many workers in California take advantage of after suffering from an injury or illness on the job. However, not everyone understands what benefits are available through workers’ compensation.
If you were injured in a workplace accident or developed a work-related illness, our experienced workers’ compensation attorney at the Winter Law Group could help advocate for your rights and fight on your behalf to ensure you get the benefits you deserve. With an office in Fresno, California, our attorney represents injured workers and their families in surrounding areas, including but not limited to Madera, Clovis, Visalia, and Merced.
Workers’ Compensation Benefits in California
As an employee, you are eligible for workers’ compensation benefits if you have suffered a work-related injury or illness. You can receive these benefits regardless of whether you were at fault in causing the injury or illness.
In California, there are many types of workers’ compensation benefits available to employees who have suffered an injury on the job, including:
Medical care and treatment
Temporary or permanent disability benefits
Death benefits (if a loved one dies at work or from a work-related condition)
Temporary disability benefits are available to employees whose injury or illness prevents them from working temporarily (a short period of time). Permanent disability benefits, on the other hand, may be available to workers whose injury or illness will affect their work performance for a long period of time or the rest of their life.
Applying for Workers’ Compensation Benefits in California
Each state has its own set of laws regarding workers’ comp benefits and the application process. That being said, applying for workers’ compensation benefits in California generally consists of the following steps:
Notify the employer of the workplace accident or work-related illness.
Choose the primary treating physician.
Get medical care.
File a workers’ compensation claim.
Await the claims administrator’s decision.
Follow the doctor’s orders and continue the treatment.
Ensure that you are paid all the benefits you are entitled to.
When you file a claim for workers’ compensation benefits, there is no guarantee that your claim will be accepted. If your claim has been denied by the employer’s insurance company, you might want to consult with an experienced workers’ compensation attorney to determine what you can do to appeal the denial of your claim and reverse the insurer’s decision.
Determining Factors in Receiving Workers’ Comp Benefits
There are three primary factors used to determine whether an employee is entitled to workers’ compensation benefits:
Is the injury or illness caused by a specific event at work? If so, then it is considered to be work-related. This could include a slip-and-fall at work, being struck by an object, or falling from heights.
Did you sustain this condition while performing your job duties? If so, then it is considered to be work-related. This can include getting hurt while lifting heavy boxes at work or being exposed to toxins on the job site.
How does the injury or illness affect your ability to work? Whether or not you can receive workers’ compensation benefits depends on how your injury/illness affects your earning capacity or, in other words, your ability to work.
Consider hiring a workers’ compensation attorney to help you. Your attorney can review your claim, assist with filing it, determine what benefits are available, and help you get the compensation you deserve. They may also be able to help appeal a denied claim.
When to Get Help From an Attorney
If you have been injured while on the job, you might need to consider getting help from an attorney. You may not be eligible for workers’ compensation benefits if you cannot prove that you were injured in a workplace accident or your illness is related to your job.
Your employer (and their insurer) may deny your claim if they do not believe that your injury was caused by your job duties. In addition to this, there are times when an insurance company will refuse to pay for medical treatments or other expenses related to treatment. An experienced attorney can help protect your rights so that you get the care that you need after being hurt in an accident at work.
How the Winter Law Group Can Help
If you or someone you know has been injured and wants to know more about what benefits are available through workers’ compensation, contact our skilled and results-driven attorney at the Winter Law Group. We are dedicated to helping clients in Fresno, California, and surrounding areas get their rightful benefits. Schedule a free consultation today to discuss what benefits are available through workers’ compensation in your particular case.