What If Your Employer Didn’t Report Job Injury? Here’s What To Do
Work injuries happen. Some occupations are more prone to accidents or mishaps than others. For the vast majority of those who work in jobs that demand physical labor or interactions with hazardous materials, injuries can occur. Some of those injuries are fatal, but fortunately, most are not. But did you know workplace injuries can also happen in unexpected places such as small business offices, government organizations, retail stores, and even restaurants? Regardless of where and how you received your injury, you need to know how to get financial assistance.
If you suffered an injury on the, you might have entitlements to compensation. If you’ve already contacted your employer and reported your job injury, you may be waiting for the company to report it to your local compensation board. But what happens if your employer doesn’t report the injury as required by law? Can you still get the health care and financial resources you need? Here are the necessary steps you can take to protect yourself and ensure coverage in any event.
Related: California Workers’ Compensation Claims Process
What are you required to do to report an injury?
As an injured employee, you are the first person to notice when something is wrong. The following steps are crucial when it comes to reporting the injury or accident.
Immediately Notify Your Supervisor or Team Lead Of Injury
To receive prompt health care and compensation benefits, you need to let your supervisor or team lead to know about the workplace injury as soon as possible. Any delay in reporting may prevent access to benefits.
Fill Out A Claims Form
You should receive a workplace compensation claims form from your company. Once you receive it, you should fill it out as quickly and accurately as you can. Try to obtain a copy of the completed form for your records.
Ensure All Necessary Information Is Noted
Be sure to note the exact time, date, and location. You will also need to report to specific details of the incident and any negative impacts that may have happened. This information will help determine the benefits and total amount of compensation you receive.
File Application With Workers Compensation Appeals Board
If you were fortunate enough to have just minor injuries, you might be able to skip this one. But if you’ve sustained more severe injuries or think your company might try to skimp on the benefit payout, you will need to submit this specific form.
Wait To See If Claim Was Accepted or Denied
Once you completed the necessary paperwork and (assuming) your employer submitted the information, all you need is wait to see if the claim is accepted. The insurance company should respond to your request within two weeks to let you know if your application was approved.
What To Do If Claim Is Accepted
If the claim is approved, you could receive one of five benefit types: temporary disability, permanent disability, medical care, supplemental job displacement, or death benefits. If these benefits meet your needs, then you will need to follow the necessary instructions to receive them.
How To Handle Denied Claims
If the claim wasn’t approved, you might still qualify for benefits. Denied workers’ compensation claims can be appealed, but you will need to pay attention to deadlines and take swift action. If you’re wondering about deadlines, and how to beat the rush, don’t hesitate to contact us today,
Related: Temporary Disability Benefits In California Workers’ Compensation
What are the legal requirements of employers?
Worker’s compensation is a two-way street, and it is essential to understand that employers are obliged to protect their workers. Find out how your company is responsible for and where it starts.
All California Employers Are Mandated To Have Workers Compensation Insurance
The company should ensure the safety and well-being of employees, and the state of California recognizes that. If an employee becomes injured or falls ill on the job, the company has to supply benefits to the infirmed employee.
Employers Need To Take Immediate Action After Employee Experiences Injury On The Job
The employer must give the injured or ill employee a form for workers’ compensation claims within at least one day after the injury occurred. The employee must return a copy of the application to the employer at least one day later. The employer is then required to submit the form and injury claim to the administrator on the same day of receipt.
Employer Should Heed Employee’s Recommended Work Restrictions
After an injury or illness, the employee’s doctor is most likely to require work restrictions. The order may mean the employer cannot expect the employee to take part in physical labor. In such cases, the employer may give the employee different tasks. In other cases, employees may need to stay home.
Do you need to hire an attorney?
If you’re feeling overwhelmed by the necessary actions to take or you’d like legal assistance, a lawyer may be a wise choice. Read on to find out if you need to hire an attorney.
Has Your Claim Been Denied?
While it’s true that some workers’ compensation benefits claims get denied over a minor mistake or misunderstanding, some claims are more complicated. In such case types, it would be prudent to contact an experienced attorney specializing in workers’ compensation.
Are You Appealing A Denied Claim?
If you’re having issues getting approved, you should reach out to a local attorney who can assist you with the process of appeals and guide you through the lengthy procedures.
Don’t let the process of filing for workers’ compensation bog you down. You should take the proactive approach to get the medical and financial assistance you deserve. Contact us today and see what we can do for you!
Related: What Do I Do If My Benefits Are Denied?
Resources:
https://www.dir.ca.gov/dwc/InjuredWorker.htm
https://www.nolo.com/legal-encyclopedia/how-file-workers-compensation-claim-california.html
