When can I collect worker’s compensation for a work-related accident?
Most injured workers in Oceanside, California can collect workers’ compensation benefits for the following:
- Medical care including doctor’s visits as well as prescription medications
- Physical rehabilitation
- Replace lost wages
If your injury occurred while you were on the clock or on the job, even if it occurred outside of your normal work environment, you may be entitled to collect these benefits given that your employer is carrying workers’ compensation insurance coverage.
Your employer should notify you whether your claim is accepted or denied within 90 days from the date when you provided your employer with the claim form. In the event you do not receive notification, your injury will be presumed to be covered according to the California’s Department of Industrial Relations.
What if I have a dispute regarding my workers’ compensation benefits?
There may be a point during the time you are receiving benefits where your claims adjuster or you might not be in agreement with your treating physician. Perhaps your doctor is claiming you can return to work and you don’t feel your injuries permit you to do so. Maybe the claims administrator believes the physician is allotting you more treatment time than necessary. Either way, if a dispute arises, you can always have your accident lawyer in Oceanside, CA step in to rectify the situation.
Also, when a dispute arises, you may be required to be evaluated by a qualified medical evaluator (QME). Only certain physicians qualify to be a QME and if you do elect to hire one of our recommended accident lawyers in Oceanside, California, they can work with the claims administrator to come to an agreement on a doctor that can help resolve the medical dispute that has arisen.
What is the claims administrator required to do?
Aside from handling your claims, the claims administrator should be keeping you up to date by sending you letters that explain:
- How Temporary Disability Benefits (TD) amounts were determined.
- Reasons for delay in Temporary Disability payments.
- The reasoning behind why your TD payments have changed.
- Why your TD benefits are ending.
When am I not permitted to collect workers’ compensation benefits?
If you intentionally caused your injury or you got into an altercation with another co-worker and became injured, you might have a hard time trying to collect workers’ compensation benefits as an employee in Oceanside. Now, if another co-worker caused you to become injured and you weren’t responsible for the accident, then you may be able to collect workers’ compensation benefits through your employer’s policy.
There are some cases that are brought to the attention of our accident and injury attorneys in Oceanside, CA where their employer isn’t handling their workers’ comp claim fairly. And in some instances, an employer may try and avoid having a worker file a claim altogether.
One of the most effective ways for you to become aware of what your rights are an injured worker in Oceanside is by speaking with an accident lawyer who is more than familiar with the laws your employer is required to abide by and explain this to you in a way you can understand.