workers compensation attorney In orange county

Before the advent of workers’ compensation insurance, workers who suffered on-the-job injuries were just plain out of luck when it came to affording immediate medical care. If an employee had the time, energy, and resources to pursue legal action, they could potentially sue their employer for financial assistance, but that did little to alleviate their current financial and medical woes.

Now, injured workers in California can receive essential benefits simply by filing a claim. Under our no-fault workers’ comp system, an injured worker is not required to prove fault in order to receive the help they need. Workers’ compensation insurance is critical to ensuring that all workers, regardless of financial situation, status or industry, can access essential medical care.

That isn’t the only purpose workers’ compensation serves, though. It also protects employers from frequent and burdensome work injury lawsuits. Although injured workers in California can still pursue personal injury lawsuits in specific situations, workers’ compensation substantially decreases the frequency and financial burden of these legal actions, offering both critical assistance to workers and liability protection to employers.

Understanding the eligibility requirements to receive workers’ comp benefits is a critical aspect of ensuring that injured workers can access the support they need. California’s workers’ comp system is governed by California Labor Code, specifically Division 4, Sections 3200 through 6002, which outline the rules, regulations, and procedures of the system.

California workers’ compensation laws allow many different types of employees to file for workers’ compensation benefits, including the following:

• Full-time employees, including those in permanent positions and those employed on probationary status

• Part-time employees, workers who work less than the standard 40-hour workweek

• Temporary employees and seasonal workers, as long as they are categorized as employees and not independent contractors

• Public sector employees, including employees of government agencies, schools, municipalities, and other public entities

• Certain agricultural workers, including seasonal and migrant farmworkers, who are protected by specific California regulations

• Certain domestic workers, including nannies, housekeepers, and caregivers, if they are employed by a private household and worked at least 52 hours or earned at least $100 before sustaining their injury

• Certain volunteers, including unpaid interns

Many different types of employees can file for workers’ compensation benefits, as long as they meet other eligibility requirements. Certain workers, however, are largely excluded from access workers’ comp benefits. These include many independent contractors and gig economy workers, though recent legislative changes like AB 5 are on their way to changing that. Unsure about your eligibility status? Consider seeking legal advice from a workers’ comp lawyer in Orange County.

If you have sustained a work-related injury or illness during the course of performing a job, there is no reason for you to fund your own recovery. Workers’ compensation insurance exists for this very reason — so that you can receive immediate, necessary medical attention, whether or not you can pay for it.

When you are ready to file for the workers’ comp benefits you deserve, you will need to complete a series of steps. Here is a breakdown of the claims process in workers’ compensation cases:

1. Report the injury or illness. Report your injury or illness to your employer as soon as possible. If you fail to report your injury or illness within the first 30 days of discovering it, you may face delays or denials.

2. Complete the DWC-1 form. When you report your injury or illness to your employer, they should provide you with a workers’ comp claim form called a DWC-1 form. You will need to complete the employee section and return it to your employer, who will fill out their portion and submit it to their insurance company.

3. Seek medical treatment. If you sustain a serious injury at work, don’t wait to find out who your employer-designated doctor is — seek immediate medical care for your injuries. Subsequently, you may need to see a doctor chosen by your employer or their insurance carrier. Make sure to keep records and documentation of all work-injury-related medical expenses and medical bills you receive.

4. Understand your benefits. You may be eligible to receive several different types of workers’ comp, including medical benefits, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and more, depending on the details of your situation.

5. Follow up on your claim. Communicate with your employer’s insurance carrier to track the status of your injury claim and payment distribution schedule. If you encounter issues and denials, consider speaking with a workers’ compensation Attorney in Orange County, CA to help navigate disputes and secure maximum benefits.

Remember: You are the one who was injured during your work activities. You shouldn’t also have to navigate the complexities of California’s workers’ compensation system just to get the help you deserve. If you encounter difficulties, your best move is to consult a trusted workers’ comp attorney in Orange County.