Workers Compensation in San Diego, CA
You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by California state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of San Diego, California workers’ compensation insurance and how the process works.
Workers Compensation Statistics in San Diego, California?
Construction accidents, carpal tunnel syndrome, and back injuries are some of the most common workplace injuries to plague San Diego workers. If you suffer an injury in a workplace incident, workers’ compensation in California can reimburse you for treatment and medical bills. According to The Division of Labor Statistics and Research, you are able to designate the doctor for treatment, so long as your employer has group health coverage. But you must designate your primary care physician before the incident occurred.
How Does Workers Comp Work in San Diego, California?
Unfortunately, going through the process of applying for workers’ compensation begins when you are sick or suffer an injury on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim.
The California Department of Industrial Relations requires California businesses to carry workers’ compensation insurance. Even single employee businesses. Benefits in San Diego entitle you to medical care, lost wages, permanent disability, supplemental benefits, and death benefits. You can also file a claim if you are suffering from mental health problems such as depression, anxiety and PTSD. These can also qualify for coverage as workers’ compensation benefits.
For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.
The steps you take immediately following a workplace incident in San Diego, California are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.
Get Medical Attention
After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a San Diego, California healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines. Ones that are essential in the workers’ compensation process. Having a proper medical report detailing the extent of the damage and how it occured is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.
When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months. Long before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is either the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.
File a First Report of Injury
The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.
If you have been injured in a work-related accident in San Diego you should inform your employer immediately. Alerting your employer immediately helps to prevent any disputes as to where the injury took place. Once your employer is informed you should seek medical attention as soon as possible. Proper medical care keeps any injury from worsening, saves medical costs, and cuts down recovery time. Once you’ve received care, it is important to obtain 2 copies of the medical report. Give one copy to your employer and keep 1 copy for your own records.
Timeline and Other Information
According to The California Workers’ Compensation Institute, your employer is required by law to file your injury report to the Division of Labor Statistics and Research within 5 days of knowledge of the injury. They must also meet the requirement to file the doctor’s report of your injury within 5 days of receipt. Temporary disability see’s limits in California to 104 weeks within a 5-year span of the date of the injury. If you are receiving Permanent Disability payments, and have received no Temporary Disability, payments should begin within 2 weeks of filing. They should arrive bi-weekly after.
Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point. Typically about the incident and to any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.
Why You Should Hire a San Diego, California Workers’ Compensation Lawyer
While workers’ compensation claims may be straightforward for some cases in San Diego, California, in others, it may be more difficult. Your employer might ask if you suffer an injury on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring a San Diego, California workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.
Work With an Experienced Local Lawyer In San Diego, California
If you are hurt or contract an illness as a result of your job in San Diego, California you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
