WHAT TO DO IF YOU GET HURT AT WORK…
Although no one wants to get hurt, anytime or anywhere, accidents do happen and as it is with any other type of emergency, it helps to be prepared. The best way to prepare for an on the job injury or illness is to understand your legal rights and responsibilities. If you prepare, you will have a much better chance of getting the help you will need. If you don’t, the consequences can be disastrous.
Report your injury to your supervisor, immediately.
- Ask for an “Employee’s Claim for Workers’ Compensation Benefits” (DWC form 1).
- Complete the top portion of the form and ask that your copy be given to you, with the employer’s portion completed, on the same day, if possible.
- Ask for the phone number for the insurance company doctor. Your employer must provide this information to you.
What to do before you get hurt
- Predesignate your treating doctor.
- Your employer will have a form which you can complete which informs your employer who you choose to be your treating doctor should you be injured at work. Be sure to date the predesignation form and keep a copy for your records.
- If you have a family doctor, he or she may be the good choice. We recommend that you designate your own doctor because he or she has gotten to know you over the years and is in a better position to give you the best personal medical care rather than a stranger who is called in on an emergency basis. If no pre-injury choice has been made, your employer will have the right to control your medical treatment until you have an opportunity to elect a change of doctors, 30 days after the date your injury is reported.
- Take inventory of other insurance policies
- Short or Long Term Disability policies, credit or mortgage insurance policies, may come in handy if you are not able to return to work within a reasonable time. They may be especially important if your employer or their insurance company refuses to pay benefits. Often, these policies are purchased and forgotten at the time of a major purchase such as a new home, car, or major appliance.
- Seek legal advice - it’s free.
- You will not be charged for an initial consultation. Having an experienced workers’ compensation lawyer is an important resource. There are times when reporting an injury may or may not be in your best interest. Other times, it is vital. It all depends on your individual circumstances; if in doubt, seek competent legal advice. That means, make sure that the lawyer you speak with is certified by the California Bar as a Certified Specialist in workers’ compensation law.
WHAT CAN YOU EXPECT?
The Benefits
The basic benefits provided by workers’ compensation laws are as follows:
- All medical treatment necessary to cure or relieve the effects of your industrial injury, if necessary, for the rest of your life.
- Temporary disability payments which continue until you are able to return to work or your injury has stabilized, but not longer then 24 months.
- Permanent disability payments. If your injury has resulted in a work restriction or continuing pain, you may be entitled to additional payments over and above the temporary disability payments you received while unable to work.
- Death benefits are available to dependents of workers who died in the course of their employment.
The System The workers’ compensation system is a “no-fault” system intended to provide injured workers with medical treatment and a small amount of money to live on until they are able to return to work. For that reason, we encourage injured workers to return to work as soon as they are medically able.
Disputes are decided at the Workers’ Compensation Appeals Board, a state administrative agency, where procedures are far less formal and hearings done far more quickly than in the Superior Court system. There is no right to a jury trial, but the judge’s decision is subject to an appeals process, potentially to the Supreme Court of the State of California.
Many injured workers are disappointed to learn that when they suffer an injury or illness in the course of their employment that they have entered into a system where the first rule of thumb is never to take for granted that your employer will do the right thing. Even though you may have a good relationship with your employer, your actual claim may be administered through an insurance company which is looking at its bottom line.
Your employer will be represented by a team of highly trained professionals whose job it is to limit the amount of money your employer has to pay to provide you with workers’ compensation benefits. Your best interest is not usually their prime concern.
The bottom line is that the workers’ compensation system is not user friendly.
If you have any questions, seek the help of an experienced workers’ compensation attorney, preferably a Certified Specialist.
