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When you are injured in a job-related accident or are diagnosed with an occupational illness, you have the right to receive a variety of benefits through your employer’s worker’s compensation insurance. What may come as a surprise to many is that the worker’s comp insurance is not necessarily vested in doing what is best for the claimants, which may result in you getting paid less than what you deserve.
The attorneys at Espinoza Law Group go over a few key strategies to help you maximize your worker’s compensation benefits and explain why hiring a lawyer is an important step after filing a work injury claim.
What Kind of Benefits Is an Injured Worker Entitled to in California?
In California, an injured worker has the right to file a claim for worker’s compensation benefits. Once the claim is filed and approved, the worker may receive a variety of benefits to help them recover from their injury. Those benefits include coverage for medical treatment and all necessary and reasonable medical care related to their work injury or illness.
In addition to medical benefits, the injured worker may also receive temporary disability benefits, which provide financial support that corresponds to about three-thirds of the worker’s weekly average wages for the period during which the employee is unable to work due to their condition. The worker may also receive permanent disability benefits if their injury is severe and prevents them from returning to work. In some cases, the worker may also receive vocational rehabilitation benefits (such as job training and placement) in order to find a new job if their injury prevents them from returning to their previous position.
What Can You Do to Maximize the Amount of Benefits You Receive?
In order to maximize your worker’s compensation benefits, it is important to be aware of your basic rights and responsibilities when filing a worker’s compensation claim. First, you will want to report your injury or illness as soon as possible, preferably on the same day it happened. Be sure to report your injury to the appropriate person or department in your company and follow the steps required by your employer.
You may also want to take a minute to write down all the details of your accident, such as the date, time, and details about how it happened, as it will help you stay consistent with your story later on. Don’t forget to properly document your injury or health condition by keeping copies of your medical records, doctor bills, and communications with your employer and insurance company about your claim.
Be sure to seek medical attention for your injury or illness as soon as possible. Show up for all doctor appointments and exams, and follow any recommendations from your doctor concerning your treatment and recovery. This is important because if you fail to follow your doctor’s recommendations and your injury worsens, the insurance company may claim that your benefits should end because you have been non-compliant with medical treatment. Finally, beware of signing any documents or general release for medical records to the insurance company, and always talk to your attorney first before signing anything.
Is It True That the Worker’s Comp Insurance Carrier Can Use Surveillance on My Case?
Most worker’s comp insurance companies are for-profit businesses that will go the extra mile to pay you as little as possible for your claim. Some may even employ shady tactics, such as using private investigators to monitor your activities in public and around your home or monitoring your posts on social media.
If they find any inconsistencies (such as witnessing you carrying heavy boxes when you claim you injured your back), they may use that evidence against you. Staying compliant with any medical restrictions and avoiding posting on social media may be best to avoid any complications with your case.
Why Should I Consider Hiring a Worker’s Comp Attorney?
At Espinoza Law Group, we can assist injured workers with all aspects of their work injury claim. By hiring a worker’s comp attorney, you will not risk settling for less than what you deserve. Contact the Espinoza Law Group at 213-667-0701 to learn more.
