Need to File a California Workers Comp Claim?
Our Workers Compensation Lawyers Can Help You Through the Filing Process
When you are the victim of an injury at your workplace, then you may be entitled to compensation and protection from your employer. Usually, you can file a workers’ compensation claim to recover the cost of your medical bills and a portion of your lost wages. However, this process is complicated and, unfortunately, there may be times when your employer refuses your claim or disagrees with your testimony. Having a qualified team of workers’ compensation lawyers on your side can remove the confusion of filing a claim and can help ensure you recover full and fair compensation.
The legal team at Cramer & Martinez, LLP has over 50 years of experience representing injured workers. We understand that navigating the workers’ compensation process can often feel confusing, daunting and emotionally overwhelming. Our workers’ compensation lawyers work closely with our clients and fight for your rights. Our Gilroy law firm prides ourselves in providing outstanding personal support at every phase of your case. We are dedicated to helping you receive your rightful benefit payments and other compensation in the best way possible.
Should I Inform My Employer of a Work Injury?
If you have been victim of a serious workplace injury, then you should seek medical treatment immediately. Alert your employer as soon as possible once your injury has received medical attention, preferably in writing. In California, you must notify your employer within 30 days of the injury to qualify for benefits. However, you may have longer than 30 days to report an injury if you were physically or mentally debilitated by your injury or you have a repetitive-motion injury. Always consult with a qualified California work injury attorney to learn how these limits apply to your unique situation.
If you sustain a workplace injury but fail to notify your employer, then you should speak with workers’ compensation lawyers as soon as possible to see what your options are. Keep copies of any medical documentation following the accident and a copy of the written notice that you gave your employer. These can be valuable evidence in your future case.
When Do I File A Claim for Workers Compensation?
Generally, after you inform your employer of your injury, then he or she should initiate workers’ comp claim proceedings. Depending on your employer’s insurer, you may need to complete a medical examination with an approved healthcare provider. Workers’ compensation lawyers are especially helpful in cases where your employer disagrees with your testimony or neglects to report your injury. However, having a qualified lawyer on your side can help ensure that your claim is correct, and you receive fair benefits, even if your employer cooperates.
After you file your claim, it will be reviewed, and you will receive a decision from the insurance company. Benefits are calculated based on the details of the accident, and there is a processing time before you may begin receiving benefits. These benefits will usually cover your medical expenses and a portion of your average wages. Your benefits will end after a set amount of time or whenever your doctor clears you to return to work, depending on the severity of your injury.
If you disagree with the decision of your employer’s insurance company, then our workers’ compensation lawyers can help you appeal the decision to the California Division of Workers’ Compensation. Depending on the circumstances, you may even be able to take your case to court to ensure you get the compensation you deserve. However, there are only a limited number of courts to appeal to, so an experienced lawyer will better your chances of receiving substantial compensation for your damages.
How Does Workers Comp Work? Our Gilroy Workers Comp Attorney Can Explain the Process
If you have been injured in a workplace accident, then you may have many questions. However, you do not need to be uncertain about your future. Using all of our resources, we will investigate the details of your case and fight for your recovery. Our attorneys for workers’ compensation will guide you through the claims process at every step.
If you have suffered from a work place accident, then it is crucial to take timely and proper action. Call us today at 408-763-8336 or contact us through our online form. In a free initial consultation, we can let you know if we can help. A California workers’ comp attorney is ready to discuss your rights, responsibilities and the recovery you deserve.