When it comes to workers’ compensation in California, the state operates on a no-fault basis. In theory, this provides protection to both employees and employers. Generally speaking, employees do not need to prove that the injury resulted from employer negligence, and employers do not need to worry about facing lawsuits for work-related injuries.
Unfortunately, many employees in Indio do not take advantage of workers’ compensation when they need it. Some workers might not even know they are entitled to it. Others might fear retaliation from employers if they pursue a claim. This leads to many workers paying for medical costs out of pocket and missing work without pay.
At English Lloyd & Armenta, our Indio workers’ compensation attorney knows the tactics employers often use to deny the benefits you are entitled to. Your lawyer can handle the paperwork on your behalf so you can focus on getting better.
What Is Workers’ Compensation?
If you suffer injuries on the job in California, there are cash and non-cash benefits provided to assist you. It is important to note that injury does not only refer to physical injuries sustained in an accident. Workers might also receive assistance after developing certain types of illnesses or disabilities. These benefits help to cover your medical bills and lost income while you are unable to work.
The problem arises when employers fight a worker’s claim, or the insurance company denies the claim. Employers might reject claims or attempt to discourage employees from filing in the first place to keep premiums low. Just like car insurance, the more claims they make on the insurance policy, the higher the risk associated with the account, and the premiums increase over time.
Insurance companies lose money when they pay out benefits. Because of this, they often deny claims to maintain high profits. Some may do so even when the employer genuinely wants to ensure you receive benefits.
What Are the Qualifying Health Conditions?
One key step to ensuring you exercise your rights as a California worker is to know what health conditions qualify for workers’ compensation in Indio. Below are the four main categories to keep in mind.
Psychiatric Injury
California is one of many states committed to prioritizing mental health in the workplace. Subsequently, it offers workers’ compensation for employees who suffer from psychological stress and mental disorders that result from work. Here are some instances where this might prove applicable:
- Burnout at work due to organizational culture or work policies that discourage taking vacation days and other time off
- Burnout at work due to working long hours back-to-back with few breaks
- PTSD after witnessing or even experiencing a violent incident while on the job
Repetitive Motion Injuries
Workers from all economic backgrounds can fall victim to this type of injury. For instance, people who spend long hours typing up paperwork or designing with a hand-held mouse might suffer from carpal tunnel injury or tendonitis. Factory workers who complete repetitive tasks might experience the same problems.
Occupational Diseases
Occupational diseases primarily affect people who handle harmful chemicals or work in other hazardous environments. Miners, factory workers, construction workers and even scientists might face high risks here. However, even employees that work in the white-collar sector might develop occupational illnesses because of impurities in the environment, such as asbestos in the walls.
Physical Injuries
This is the most common reason workers seek compensation. These injuries generally result from accidents such as falls or even dismemberment. It is important to remember that the injury might not need to happen on the job to qualify, as long as it is work-related. For instance, construction workers might become eligible if they suffer injuries in a car accident while driving the company vehicle to a worksite.
What Is the Claims Process Like?
When you are injured and worried about your paycheck, the last thing you want to do is worry about filling out paperwork or making a case for why you need compensation. However, it is important to do so to receive the proper benefits. Note that there are many different instances that might lead to a workers’ compensation claim, and there is no one approach that works for everyone. Even so, here are the main steps you and your English Lloyd & Armenta attorney might take.
1. Seek Medical Treatment
Even if your injuries are minor or you feel perfectly fine, it is better to get a clean bill of health from a medical professional. Otherwise, your lawyer might have a more difficult time proving that the pain you begin to feel several days or weeks later is related to the incident. If you do have injuries, then it is a good idea to get this in writing from a health professional.
2. Notify Your Employer
It is important to let your employer know that the incident took place. If you were on a job site or someone else was present, that person may have already reported the incident. You might even ask a family member to do so on your behalf. However, always get a copy of what was filed and reported.
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