No one expects to go to work and get injured, except maybe individuals in the rare “most dangerous jobs” category. Though your job may come with some amount of risk, most people are under the impression that it will never happen to them. Unfortunately, job injuries and illnesses due occur and they could happen to anyone. If you have been injured on the job, it’s important to speak to a Sacramento workers compensation lawyer for legal help. The best way to avoid getting hurt is to pay attention to the injury and illness prevention program all employers in the state of California are required to have. This program must consist of:
Some circumstances can’t be avoided under the best training. If you do sustain an injury, the incident should be reported to your supervisor immediately. If the injury or illness took a while to fully develop, it’s important to report it as soon as you think it could have been caused by your job. This is important for your employer as well as yourself.
Reporting as soon as possible helps your employer address the problem so others may avoid the same fate. It also makes it easier for you to receive benefits by limiting the delay. If you don’t report it within 30 days of the incident, you could lose the opportunity to receive workers’ compensation benefits. As soon as your injured, make sure to contact a Sacramento workers compensation lawyer.
If the injury is an emergency, seek medical help immediately. The employer may be able to instruct you on where to go for treatment. Be sure to tell your medical provider that your injury resulted from your job.
After reporting it to your supervisor, your employer should get you the claim form within one business day. Fill this out and return it as soon as you can to keep the process moving. You should receive a copy of the form you turned in within a business day. You can find the form online if your employer does not provide it for you. The information you fill out is only used to process your workers’ compensation claim.
The claims administrator processing your workers’ compensation claim is required to keep you up to date on what’s going on by sending you letters. These letters will explain details such as how payments were determined, why a payment may be delayed, etc.
While your claim details are being investigated, the claims administrator is required to authorize medical treatment within one working day of the claim filing. The treatment costs during the period of claim investigation is limited to $10,000. There is a law requiring immediate medical treatment to be authorized. If it is not, speak to your employer and the claims administrator immediately.
Claims administrators have utilization review processes that determine whether the treatment an injured employee is undergoing is necessary. This review process has legal rules about how it is executed. If you think it is being done unfairly, speak to the Division of Workers’ Compensation.
When a claims administrator will not approve of medical treatment that was requested by your doctor, your doctor must resolve it through a process called Independent Medical Review (IMR). When your claims administrator denies or modifies a requested treatment, you will receive a letter in the mail explaining this. You are able to reject this by signing the provided IMR form, which will start the IMR process.
If you received treatment and the claims administrator will not pay for it, the doctor and the claims administrator need to discuss the situation and work it out. If this is your specific case, make sure to contact a Sacramento workers compensation lawyer.
The physician treating you can determine when you can start working again and in what capacity. He or she will send a report to your employer explaining:
You should review your job description with a Sacramento workers compensation lawyer, doctor, and employer to determine what changes need to be made. If you don’t agree with your doctor, it’s important to communicate with your claims administrator as soon as possible or you could lose your right to reject his or her report.
Temporary disability benefits can be paid for as many as 104 weeks. After that, if you still aren’t able to return to work or permanently lose your ability to work as you did before, you may be eligible for permanent disability benefits.
There are so many independent people who have power over when you work and how much you receive in benefits. It’s important to seek knowledgeable and experienced legal representation during this process to help you get the benefits and treatment you deserve.
Getting injured on the job can be an extremely tricky legal process. Having an experienced Sacramento workers compensation lawyer by your side can make all the difference. Mehlhop & Vogt Law Offices have been helping those injured at work get the right compensation they deserve since 1987. Give us a call at (916) 930-9675 if you’ve been injured at work.
Have you suffered a serious work injury? Contact our Sacramento workers compensation attorney for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.
Give us a call at (916) 930-9675 to speak to a work comp attorney in Sacramento now.
There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.
I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.
I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.