Get Legal Assistance in Filing a Workers’ Compensation Claim After a Workplace Injury
If you suffer a work-related illness or injury, you may be entitled to workers’ compensation benefits, which can include money covering your medical care, some of your lost wages and disability benefits.
Anyone can file a workers’ compensation claim if they suffered an injury in the workplace, regardless of whose fault the injury was. Your chances of success in your claim can be bolstered by working with an experienced workers’ compensation lawyer.
Call The Law Offices of Christopher Montes de Oca at (562) 901-4664 or contact us online to schedule a free consultation to discuss your injury and your forthcoming workers’ compensation claim.
Eligibility for workers’ compensation
There are four primarily eligibility requirements for anyone who wishes to file a claim for workers’ compensation benefits:
- You must be an employee
- Your employer must have workers’ compensation insurance
- Your injury or illness must be work related
- You must meet California deadlines for reporting the injury and filing a workers’ compensation claim
There are also some special eligibility rules that exist for specific categories of employees, such as seasonal or casual workers, temporary workers or agricultural workers.
Filing a claim
Your first step should be to report your injury. California has a 30-day deadline to report an injury—if you wait longer, your workers’ compensation claim may be dismissed automatically. You should therefore inform your employer of the injury or illness as soon as possible, as the longer you wait, the more skeptical an insurance company (and your employer) will be of your claim. Plus, the sooner you begin the claims process, the sooner you can get benefits.
Your employer will provide you with the forms you must fill out. The employer will then submit these forms to its workers’ compensation insurance provider and the state workers’ compensation agency, marking the official start to your claim.
If your claim is denied, you will need to file official paperwork with the workers’ compensation agency to appeal the decision. It is not unusual for claims to be initially denied and then accepted upon appeal. This is one of the most important reasons to work with an attorney—it gives you much greater chance of success in both your initial application and in an appeal.
The insurer will let you know whether your application has been approved or denied within two to four weeks. You’ll start receiving benefits as soon as the claim is approved.
Get legal representation throughout the claims process
For legal guidance throughout the process of your workers’ compensation claim, seek the assistance of a skilled personal injury attorney in Los Angeles at the Law Offices of Christopher Montes de Oca. We care about helping injured workers get the compensation they deserve.
