How Workers' Compensation & Disability Benefits Work

Are you injured at the workplace and not able to work? Well in such a case you are entitled to few benefits from the employer which are called worker’s compensation. As per the worker’s compensation law in California, an employee can file a serious claim with the firm if he is injured or permanently disabled due to injury. The employee's company will also bear the medical expenses, even if the injury is temporary or less severe.

In worker’s compensation benefits are based on the severity of the long-term disability injury and certain medical bills. However, the employer's attorney or the insurance company attorney may attempt to dispute the claim; in this sometimes complex field, an experienced attorney can make a big difference for an injured worker seeking benefits.

The injured employee will contact worker’s compensation benefits to get required benefits as in some cases employer and insurance companies deny to give entitled benefits to employees. When deciding worker's compensation amount the employee and his or her attorney usually consider the following factors:

• The medical cost of treatment and hospital and future cost of injury
• Potential future lost earnings and lost wages
• Disability payments
• The worker’ compensation rules and regulation of the state in which the injury occurred
• Retraining cost to perform the job if necessary
• Employee’s claim strength (depends upon weighting factors by the employee)
• Legal fees

What Is Worker’s Compensation?

In case you are injured or get disabled at the workplace due to any reason then you are covered by the state worker’s compensation law. Employees have to meet certain criteria to get worker’s compensation and in every state, there are different criteria to meet. Since worker’s compensation takes a lot of court trials and documentation, many employees sign up for worker’s compensation without proper understanding which leads to a lot of confusion.

It is better to hire a professional worker’s compensation lawyer to win the case as they have the legal knowledge and know-how to tackle employer and insurance companies. The time allowed for an appeal is 30 days and after 30 days of injury, you are not eligible for worker’s compensation. It is better to stay calm and transparent throughout the legal procedure and provide all the necessary paperwork and contact information to resolve the situation quickly and fairly as possible.

How Does Worker’s Compensation Work?

It is the company’s responsibility to communicate properly during an injury or illness. Proper communication help employee to get maximum benefits to manage their medical expenses. The process of worker’s compensation depends upon few steps which help the employee to get worker’s compensation benefits. It is the company’s responsibility to communicate with the injured employee to make the procedure easier for them.

After an injury, you have to immediately report to your employer and complete all the paperwork to record the date, time, day, and circumstances of an injury. As a part of the worker’s compensation claim process as an employee, you have to provide a worker's compensation claim form and required documentation to your employer with an injury report for the state worker’s compensation board.

After an injury company should immediately provide medical treatment to an employee as it would be very difficult for an employee to manage medical expenses on his or her own. In this step, it is better to hire a worker’s compensation lawyer to help you during trials and legal procedures. The lawyer will get your medical treatment report to the employer and insurance company to get maximum claim and benefits.

Some companies manipulate employees by not giving entitled benefits as per the law. In such cases, it is the worker’s compensation lawyer’s responsibility to get maximum benefits from the insurance company for you. After filing a claim you will wait for the insurance company to pass your claim and if they accept your case you will be given all the benefits.

What Are the Benefit of Worker’s Compensation?

In worker’s compensation, an employee will get the following benefits

• Medical care
• Payment of lost wages while you are not able to work due to physical or mental disability.
• Job retraining benefits
• Reimbursement for the permanent loss of function due to illness or injury

What Are Disability Benefits?

California provides disability benefits programs to employees with short-term and low benefits to help disabled employees. You are entitled to disability benefits in case you are injured at the workplace and become temporary or permanently disabled. In case you get to know that you are disabled and not able to work after an injury then you have to inform the employer or insurance company to file a claim.

I case you do not have employer-based coverage then immediately contact your insurance company for disability benefits. Calculate the benefits before getting insurance to know whether you will get enough getting benefits to maintain your lifestyle during the disability.

How Do Disability Benefits Work?

Employees who have received at least $300 in wage during the base period of the year are eligible for disability benefits in California. The base period is of twelve months and end just ends the last quarter before the employee file for disability benefits. To file for disability benefit you have to submit a lot of documentation including medical documentation to ensure that you are disabled and not able to work.

When & How to File a Claim?

In California, you have to file for worker’s compensation and disability benefits with 30 days of injury, illness, or disability. After 30 days you will not be able to file your claim as the state uses your highest pad quarter to calculate your weekly payment, the date on which you file your claim can affect your benefit amount.

The Final Verdict

In California, the employees are benefited from worker’s compensation and disability benefits in case of any injury, illness, and disability. These programs help employees to manage their financial expenses during injury and disability periods.

Hope this article would be helpful for you if you are planning to apply for worker's compensation and disability benefits.

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