Workers Compensation Claims
Sacramento Workers Compensation Lawyer
Injured at Work?
No one expects to go to work and get injured, except maybe individuals in the rare “most dangerous jobs” category. Though your job may come with some amount of risk, most people are under the impression that it will never happen to them. Unfortunately, job injuries and illnesses due occur and they could happen to anyone.
If you have been injured on the job, it’s important to speak to a Sacramento workers compensation lawyer for legal help. The best way to avoid getting hurt is to pay attention to the injury and illness prevention program all employers in the state of California are required to have.
This program must consist of:
- Worker training
- Workplace inspection
- Procedures for addressing unsafe conditions
Have you suffered a serious work injury? Contact workers’ compensation attorney at the Law Office of Roy Yang for FREE consultation about your California workers compensation claim benefits. Give us a call at (916) 269-9100 to speak with a Sacramento workers compensation attorney today.
When Injuries Occur on the Job
Some circumstances can’t be avoided under the best training. If you do sustain an injury, the incident should be reported to your supervisor immediately. If the injury or illness took a while to fully develop, it’s important to report it as soon as you think it could have been caused by your job. This is important for your employer as well as yourself.
Reporting as soon as possible helps your employer address the problem so others may avoid the same fate. It also makes it easier for you to receive benefits by limiting the delay. If you don’t report it within 30 days of the incident, you could lose the opportunity to receive workers’ compensation benefits. As soon as you’re injured, make sure to contact a Sacramento workers compensation lawyer.
If the injury is an emergency, seek medical help immediately. The employer may be able to instruct you on where to go for treatment. Be sure to tell your medical provider that your injury resulted from your job.
After reporting it to your supervisor, your employer should get you the claim form within one business day. Fill this out and return it as soon as you can to keep the process moving. You should receive a copy of the form you turned in within a business day. You can find the form online if your employer does not provide it for you. The information you fill out is only used to process your workers’ compensation claim.
Workers Compensation Claim Processing
The claims administrator processing your workers’ compensation claim is required to keep you up to date on what’s going on by sending you letters. These letters will explain details such as how payments were determined, why a payment may be delayed, etc.
While your claim details are being investigated, the claims administrator is required to authorize medical treatment within one working day of the claim filing. The treatment costs during the period of claim investigation is limited to $10,000. There is a law requiring immediate medical treatment to be authorized. If it is not, speak to your employer and the claims administrator immediately.
Claims administrators have utilization review processes that determine whether the treatment an injured employee is undergoing is necessary. This review process has legal rules about how it is executed. If you think it is being done unfairly, speak to the Division of Workers’ Compensation.
Disputes with the Workers Compensation Claims Administrator
When a claims administrator will not approve of medical treatment that was requested by your doctor, your doctor must resolve it through a process called Independent Medical Review (IMR). When your claims administrator denies or modifies a requested treatment, you will receive a letter in the mail explaining this. You are able to reject this by signing the provided IMR form, which will start the IMR process.
If you received treatment and the claims administrator will not pay for it, the doctor and the claims administrator need to discuss the situation and work it out. If this is your specific case, make sure to contact a Sacramento workers compensation lawyer at the Law Office of Roy Yang for FREE consultation about your California workers compensation claim benefits.
Getting Back to Work After a Work Injury
The physician treating you can determine when you can start working again and in what capacity. He or she will send a report to your employer explaining:
- What kind of work can be done during recovery
- The changes in schedule and work necessary
You should review your job description with a Sacramento workers compensation lawyer, doctor, and employer to determine what changes need to be made. If you don’t agree with your doctor, it’s important to communicate with your claims administrator as soon as possible or you could lose your right to reject his or her report.
Temporary disability benefits can be paid for as many as 104 weeks. After that, if you still aren’t able to return to work or permanently lose your ability to work as you did before, you may be eligible for permanent disability benefits.
There are so many independent people who have power over when you work and how much you receive in benefits. It’s important to seek knowledgeable and experienced legal representation during this process to help you get the benefits and treatment you deserve.
Workers Compensation Claim Denied or Delayed
What Your Options Are If Your Workers Compensation Claim is Denied or Delayed
If you’re injured or become ill directly as a result of your work injury, workers compensation is insurance that provides cash benefits and medical care you need to get back to good health. But what happens if your claim is denied or delayed? After already having a work-related injury, the last thing you need is a denial of medical care or financial payments you need to live. It can be a very stressful time. Contact a work comp lawyer in Sacramento if you’ve been denied workers compensation or your claim is delayed.
If your claim is denied, it means the claims administrator believes your injury isn’t covered by workers’ compensation. Unfortunately, this happens too frequently in the state of California. The good news is you have a right to challenge the decision. It’s crucial you do so in a timely manner. If you delay challenging it, you may lose your right to pursue the claim. The first thing you’ll want to do is speak to a work comp lawyer in Sacramento who can begin the legal process with you by filing an injury claim form DWC-1 and an “Application for Adjudication of Claim”.
Contact Sacramento Workers Compensation Lawyer
Have you suffered a serious work injury? Contact workers’ compensation lawyer at the Law Office of Roy Yang for FREE consultation about your California workers compensation claim benefits. Give us a call at (916) 269-9100 to speak with a Sacramento workers compensation attorney today.
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