Will I get paid if I’m injured at work?
Suppose your employer carries workers’ compensation insurance, and you suffered a workplace injury. In that case, your employer’s workers’ compensation insurance should partially or fully cover your wages while you’re unable to work. Workers’ compensation claim benefits reimburse those who seek compensation for their medical costs and lost wages.
You could also be eligible for temporary disability benefits as you take time off work to heal from your injuries. If your employer or their insurer refuses to cover your work injury and related medical treatments, then you could sue them and pursue a potential settlement or judgment in court. The insurance company has lawyers ready to litigate on their behalf, let Grossman Law Offices to do the same for you.
Can I sue my employer?
Employees aren’t allowed to sue their employers over workplace injuries unless the employer deliberately and knowingly causes harm to the employee. Workers’ comp insurance operates under a no-fault system, meaning the employee doesn’t have to prove fault when pursuing benefits.
How Long Do I Have to Sue for Work-Related Injuries?
The statute of limitations varies from state to state. In California, claimants have one year from the date of the accident to file a claim. The Grossman Law Offices are prepared to protect your access to rightful compensation when employers fail to provide a safe environment for workers.
Should I Hire a Workers’ Comp Attorney?
If your injury was minor and inexpensive, then seeking the help of an attorney may not be necessary. However, suppose you’ve suffered a severe injury or occupational disease that requires extensive recovery and medical treatment. In that case, speaking with an attorney about your legal rights can be a smart decision.
What is a pre-existing condition?
A pre-existing condition is any health condition someone has before enrolling in a health insurance plan.
Should I mention my previous injuries to my doctor?
When you get your medical evaluation, the doctor’s report will explain the extent of your injuries. It is essential that you communicate all injuries to their full extent. For this reason, it’s important to report any pre-existing conditions or any previous work injuries.
Since the employer’s insurance company will use this information against your claim to determine fair compensation coverage and benefits, it’s paramount that your claim includes all of the viable information.
Can I use my own doctor?
If you want your employer’s insurers to cover your work-related injuries, then you’ll have to use the physicians they recommend. If you need emergency treatment, call 911 or go to an emergency room right away, but if not, go to the physicians provided to you by your employer and their human resources personnel.
What kind of work-related injuries are not covered?
Accidents caused by drugs, alcohol, or other intoxicants are unlikely to be covered by worker’s compensation insurance. If the injury occurs on a break or lunch away from the workplace or during a commute, it may not be covered. Speak with a legal professional for specific questions about your work-related injuries.
What happens if my employer doesn’t have workers comp insurance?
California employers are required by law to have workers’ compensation insurance, even if they have only one employee. If their employees get hurt or sick because of work, they are required to pay for workers’ compensation benefits.
If your employer does not carry workers’ compensation insurance, you may be able to file a personal injury claim or a personal injury lawsuit, depending on the specifics of your injuries.
Suing an employer is a much longer process than regular workers’ compensation.
The Grossman Law Office has experience proving how employers were at fault for an injury accident. Speaking with one of our workers’ comp attorneys could help you get the process started on workers’ compensation benefits immediately.
What is the difference between workers’ comp and disability?
Workers’ compensation only covers work-related injury or sickness. Disability insurance replaces a portion of your income from all types of injuries or illnesses, not just the ones that occur on your job.
What are my rights against third parties responsible for my work injury?
Sometimes an on-the-job injury is caused by the fault or negligence of a third party, such as the manufacturer of defective equipment or the driver of a delivery truck. You may have the right to bring an injury claim against that person or entity. You also have the right to have a work injury attorney represent you throughout the legal process.
