When you have been injured at work or contracted an illness related to your job, you may be entitled to benefits under the California Workers’ Compensation Act. The law requires employers to pay for medical treatment and wage replacement for eligible employees with a work-related injury or illness. However, it can be difficult to navigate the system and apply for workers’ compensation benefits. Not to mention, there are important time constraints to keep in mind when filing a claim.
A diligent workers’ compensation attorney could help by advising you of your rights under California’s system and file a claim on your behalf. When you are wondering how to apply for workers’ compensation in Fresno, contact our office. We could schedule an initial consultation and one of our attorneys could review your case.
The process for filing a workers’ compensation claim in California is a simple three-step process:
It is crucial to adhere to the time constraints when reporting an injury and filing a claim for benefits in Fresno. An injury should be reported to the employer within 30 days. Within one working day of the injury or illness, the employer should provide the injured worker with a claim form (Form DWC-1), along with information regarding their rights under the California Workers’ Compensation Act and their eligibility for benefits. The form can also be downloaded from the California Workers’ Compensation website. The employee is responsible for filling out the form and giving it to their employer to submit it to their insurance company.
Once the employee has submitted the claim form, their employer’s insurance company will authorize payment for medical treatment while it reviews the claim. This is important as many workers believe they need to wait until their claim is approved to get the medical treatment they need. Until a decision is made, the insurer must cover up to $10,000 in medical expenses. Likewise, if the employee needs to miss work due to injury or illness, the insurance company can begin paying temporary disability benefits after a claim is approved.
After the adjuster has decided on the benefits claim, the worker may elect to accept a settlement offer. However, sometimes there are disagreements regarding what workers’ compensation benefits someone is entitled to in Fresno or what to do if the person’s medical condition worsens. When this happens, a skilled lawyer could assist by filing an application for adjudication of the claim to resolve any disputes.
The workers’ compensation system can be complicated to navigate on your own. If you need assistance applying for benefits or did not file your claim within the appropriate time frame, contact a tenacious lawyer from Silberman & Lam.
Some circumstances might excuse missing a deadline, but an experienced attorney will show you how to apply for workers’ compensation in Fresno. Contact our office to schedule a consultation.
