Most employers in California strive to ensure the safety of workers. However, regardless of the number of safety precautions in place, workplace accidents still occur. While many workers are entitled to workers’ compensation, the path to compensation is complicated, filled with paperwork and deadlines with which a person unfamiliar with the process may struggle.
Once a worker has notified his or her employee about an injury, the employer has one working day to mail or give the worker a claims form. This form must be completed and returned to the employer. Because a delay could impact acceptance of a claim, it is important that this task is completed in a timely manner. Once received, the employer must complete the “employer” section and mail or give a copy of the completed form to the injured worker within one working day. The original is given to a claims administrator.
Once the claims administrator — usually a representative from the insurance company — receives the claim, he or she determines whether the claim will be accepted or denied. This decision must be made in a timely manner. If there is no response in 90 days, the claim is considered accepted. If the claim is denied, an injured employee has the right challenge the denial. As with many things involving worker’s compensation claims, there are deadlines that must be met or a claim could be jeopardized.
People injured in a workplace accident need to focus on their recovery. The workers’ compensation process is an added stress, especially for those unfamiliar with the system. As a result, a professional with experience regarding such claims in California may be able to help. Many people have sought the guidance of an attorney to help seek fair treatment and maximize benefits paid.
Source: dir.ca.gov, “Chapter 2. After You Get Hurt on the Job“, Accessed on Aug. 22, 2015