Getting injured at work can be the worst thing that happens to someone when they are living paycheck to paycheck. No one wants to worry about paying bills and providing for one’s family. It can be taxing to fret about lost wages while you are trying to recover from your injury. It can also be frustrating because you received the injury at work and cannot support yourself and your family with a paycheck.
Workers’ compensation exists to help people who are in such a predicament. However, those benefits do not last forever. They are limited to a certain span of time, depending on the state you are in. It is common for workers’ comp to run out before someone is fully recovered. Consult with a skilled attorney about the typical length of a Tulare County workers’ compensation claim so that you can figure out how to navigate your finances while recovering.
To be eligible for workers’ comp benefits, a person must successfully meet several steps. First, the employee should quickly receive medical attention for their work-related injury. A doctor’s diagnosis and recommendations will be essential for the workers’ comp claim. Then, the worker must report the incident and the injury to their employer within 30 days of it happening or discovering the existence of the injury or illness. Most employers will have a procedure to properly report and document the injury, but more importantly, they must give the employee the proper paperwork within 24 hours of reporting the injury.
The insurance provider will then review the claim and make a decision. Insurance companies are precise and detail-oriented when reviewing claims because their ultimate allegiance is to protecting their own resources. They do not want to pay more than they need to.
Many injuries can make someone eligible for worker’s comp. Some common examples include stress-related injuries, slip and fall incidents, repetitive motion injuries, and more. Injuries can be immediate, such as breaking an arm after slipping or a leg getting crushed after a heavy, or cumulative, such as hearing loss or carpal tunnel syndrome. The most important thing to show is that these injuries stemmed from work and not from personal hobbies or habits.
It is essential to know if your injury qualifies to understand the length of a workers’ comp claim in Tulare County.
Most California workers can receive temporary disability benefits for up to 104 weeks within five years of the date of injury. If someone suffers a specific type of injury, such as a high velocity eye injuries, amputations, and severe burns, the benefits can last longer. Benefits in those instances can run for up to 240 weeks or four and a half years. Payments can be spread through the span of five years if the worker does not require them to be sent in consecutive weeks.
Most importantly, the length of workers’ compensation benefits depends on the doctor’s estimate for the Tulare County worker’s recovery. If the doctor assesses that the injuries are permanent without a chance of complete recovery, the worker may possibly receive permanent disability benefits running for the rest of their life.
For some workers, it would be wise to apply for Social Security Disability Insurance if they are receiving workers’ compensation but expect to be unable to return to work for at least a year or longer. An experienced attorney can review the different factors affecting the length of time a person may receive workers’ comp benefits and craft a plan accordingly.
The statute of limitations is a law that sets a time limit for when someone can raise a legal claim regarding a certain issue. There is a statute of limitations that relates to workers’ comp claims. If a worker misses the time period that applies to their case, they could lose the chance to seek workers’ compensation. Starting from the moment the worker sustains an injury while on the job, the statute of limitations begins to run. Workers have one year from the date of the incident to file their claim. Notably, federal employees have a statute of limitations of three years for their workers’ comp claims. Sometimes, there are exceptions to the statute of limitations, like if someone was so severely injured that they could not have immediately filed their claim. It is important to hire a lawyer who is familiar with the statute of limitations for your workers’ comp claim.
It is important to file your workers’ comp claim in a timely manner so that you do not miss out on the benefits you deserve. You should file your claim as soon as you can. However, that can be difficult when you are dealing with stress, trauma, and recovery. Workers’ comp can help you make ends meet and ease your burdens. If you have questions about the length of a Tulare County workers’ compensation claim, contact us today for assistance.
