Your Rights and Benefits

This no-fault insurance program benefits employees who suffer work-related injuries or illnesses with medical treatment, disability benefits, and lost wage coverage for eligible workers. It’s funded by employers, who are legally required to provide a safe work environment. However, California workers' compensation laws are complex and challenging to navigate. Working with a workers' compensation lawyer in West Covina can make the process easier and get you the compensation you deserve.

California Workers' Compensation Laws

The system is an important safety net for employees injured or ill due to their job. It provides them the financial support to recover and return to work while protecting employers from personal injury lawsuits and other legal actions.

As such, employers must report work-related injuries or illnesses to their insurance carrier within a specified period. They must also post notice of the program for their employees.

California Workers’ Compensation is no-fault, meaning employees are entitled to compensation regardless of who caused the injury or illness. If the employee's negligence caused the injury, they are still eligible for benefits; if the employer's negligence caused the injury, the employee is still eligible.

Worker's Compensation covers most employees in California, including:

  • Full-time
  • Part-time
  • Seasonal
  • Legal and illegal workers

Failure to provide coverage can result in the following:

  • Legal penalties
  • Fines
  • Criminal charges 

However, there are some exceptions to workers' compensation coverage. Workers' compensation does not cover Independent contractors. Additionally, business owners, partners, and sole proprietors are not automatically covered, but they can choose to include themselves in their coverage.

How to File a California Workers Compensation Claim

Employees must report the injury to their employer immediately and seek medical attention. It is also essential to inform the medical provider that the injury is work-related.

Once the injury has been reported to the employer, employees should file a workers' compensation claim with the California Division of Workers' Compensation. They can do this online, by mail, or in person at a local DWC office. The claim should include the following information:

  • The employee's personal information
  • The date and location of the injury
  • A description and proof of any medical treatment received

After the application has been filed, the case will be assigned to a workers' compensation judge who will schedule a hearing. The employee should be prepared to present evidence and testimony to support their claim.

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What to Do if Your California Workers' Compensation Claim is Denied

If your claim is denied, it can be a frustrating and stressful experience. A workers' compensation claim may be rejected for the following reasons:

  • Someone did not report the injury promptly
  • The injury did not occur while the worker was on the job
  • The injury was caused by the worker's misconduct or use of drugs/alcohol
  • The employer disputes that the injury happened on the job
  • The worker did not receive medical treatment for the injury

However, you can appeal the decision to the Workers' Compensation Appeals Board and potentially receive the benefits you are entitled to.

You can do this by applying for adjudication of the claim with the DWC. The application should include the reason for the appeal and any supporting documentation. However, you only have one year from the injury date to appeal.

After you file the claim form, a hearing will be scheduled. At the hearing, you will have the opportunity to present evidence and argue your case. Having all relevant medical records and documentation to support your claim is essential.

If you’re unhappy with the second decision, you can continue to appeal to higher workers' compensation system levels, including the Workers' Compensation Appeals Board and the California Court of Appeals.

Workers’ Compensation Representation From a Real Trial Firm

Most lawyers want to settle your workers’ compensation case quickly. Settling a claim means you accept money for dropping your action against the person who injured you. You'll also sign a release absolving the other side of any further liability. 

Fiore Legal is not your average law firm. We are a real trial firm in West Covina looking at your issue from a different perspective than lawyers who will pressure you into settling, whether or not it’s your choice. Because we always have your best interests at heart, we would never settle a case unless for the total value. We’re here to represent you in your pursuit of justice, whatever that takes.

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Fiore Legal Fights For West Covina

Knowing you have a team to help you through your workers’ compensation claim is invaluable when facing legal issues. You deserve a work injury lawyer invested in your case as a confidant-you deserve Fiore Legal.

Our dedication to understanding and representing those facing the powerful insurance companies has resulted in eight locations with over thirty team members invested in their community, providing extensive experience, empathy, and a tireless work ethic. We look forward to guiding you through your workers’ compensation issue with the same commitment to these impressive results. Contact us today to schedule your complimentary consultation.

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Experts in Injury Law Protect Your survival. future. family.

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