Filing a Workers’ Compensation Claim for a Restaurant Injury
If you are injured at work in California, you can file a workers’ compensation claim. California state law requires every employer to have workers’ compensation insurance. Your Indio restaurant injuries lawyer can assist you in filing your claim. You must report the injury to your supervisor as soon as possible and request the materials you must have in order to file a claim for workers’ compensation benefits. Employers are not allowed to interfere with the claim process, nor may they take any punitive actions against an employee who asks for a workers’ compensation claim form.
If you encounter any problems with your employer, such as refusal to provide you with claim forms or termination of your employment upon your request to file a workers’ compensation claim, you should consult an experienced attorney as soon as possible. You would likely have grounds for a retaliation claim in this situation, and you can hold your employer accountable for their refusal to abide by California state law.
Once you complete your claim forms and gather any supporting documentation necessary for your case, you submit your claim materials to your employer’s workers’ compensation insurance carrier. The insurance carrier will likely require you to visit an approved physician for a medical examination. You can see any available doctor in an emergency, but you must have an exam performed by an approved workers’ compensation doctor to obtain a disability rating.
This rating determines the scope of benefits you can receive. Workers’ compensation will typically cover all the claimant’s medical expenses, and they can win compensation for lost income in the form of disability benefits. The insurance company will use the doctor’s report of your condition to determine an appropriate arrangement of your benefits. Most claimants can receive up to two-thirds of their average weekly wages until they recover and return to work.
It’s important to note that California’s workers’ compensation laws typically prevent injured employees from filing civil claims for damages against their employers for workplace injuries. Workers’ compensation insurance generally shields employers from liability for their employees’ workplace injuries, but there are some exceptions to this. For example, if your employer or a co-worker intentionally caused your restaurant injury, you would likely have grounds for a civil claim against the party who harmed you.