California Workers’ Compensation Law
California workers’ compensation law is a little complicated, but for the most part, if you are out of work due to an illness or injury, you have the right to file a claim. Workers’ Compensation claims are often payable under surprising circumstances, which means you may not need to be precisely at the job’s location and on the clock for you to be entitled to some form of benefits. In fact, according to California workers’ compensation law, if the circumstances are right, you may be entitled if you or a loved one suffered an injury or death while:
-
In your own car, parked or driving
-
Waiting outside your place of employment or worksite
-
On a work-related trip
-
Coincidentally conducting personal activity
-
Living in company housing away from home
-
Working as an “independent contractor” according to your supervisor or a home owner directing your activities
-
Working while being an undocumented worker, or working without a permit
These circumstances may all potentially be proven to be an employment “work related” activity entitling you or your dependents to recover Workers’ Compensation benefits.
One thing that you should do if you or a loved one was injured is to report it right away. Once injured, there are time limits to file a claim. If your employer has not formally accepted the claim, and the time limit to file passes without filing, you may lose all rights to any Workers’ Compensation benefits. Therefore, if injured, or you think you have contracted a work-related illness or impairment, report the injury. This is done using a form called a “DWC-1” which can be provided to you by your employer.
Maintaining control of your medical treatment is also very crucial to a claim. If your employer provides medical insurance, this means you should immediately designate your choice of a personal treating physician, chiropractor, or acupuncturist to your employer in writing. If you don’t pre-designate your treating physician, and if injured on the job, the treating physician could be chosen by your employer or its insurance company which is often not beneficial to your claim. There are restrictions to your right to pre-designate a treating physician, so follow up with your California workers’ compensation law attorney with any questions you may have about that.
Gold Country Workers Comp is a trusted and responsible California workers’ compensation law firm that will help you navigate all the complexities of filing for a claim, from advising you on what forms to fill and filing things in a timely manner. Call them for a free consultation at (530) 362-7188.
Or toll-free at 877-233-8399.
Related Media: California Disability Law Firm
Follow us: Facebook | LinkedIn