Workers' Comp Frequently Asked Questions
Following are some questions and answers that you may find helpful. If you are having a problem receiving workers comp benefits, including medical expenses and lost income, contact Mann & Mann today.
Q: What benefits am I entitled to under workers’ comp?
A: Medical care, temporary disability benefits, permanent disability benefits, and death benefits.
Q: How long do I have after an accident to report it to my employer?
A: Generally, to avoid losing your right to benefits, within 30 days of your injury or of learning that a condition developed due to your work. However, you must fill out a claim form within 1 day of learning of your injury or illness.
Q: What is my employer then required to do?
A: Your employer must fill out and sign the employer portion of your claim, give it to the claims administrator at its insurance company, and provide you a copy of the completed form within one working day after you filed it. The claims administrator decides within 90 days whether to accept or deny your claim.
Q: Can I see a doctor while I am waiting to hear whether my claim was accepted or denied?
A: Yes, you may go to an emergency room if your injury is an emergency or to a doctor. If you did not predesignate your physician, your employer has the right to decide which doctor will treat you in the first 30 days after you notify your employer of your injury.
Q: Can I lose my job for filing a workers’ compensation claim?
A: No, the California Labor Code prohibits this. It is illegal for your employer to fire you for getting injured on the job or for filing a claim. Federal law also prohibits employment discrimination based on a disability.
Q: What if I lose time from work because of the injury? Am I paid for this time? How much? When can I start receiving this money?
A: If you are unable to return to work within three days, you are entitled to temporary disability benefits to partially replace wages lost as a result of the injury. The benefits are generally designed to replace two-thirds of the lost wages, up to a maximum of $728 per week. Temporary disability benefits are payable every two weeks, on a day designated with the first payment, until the employee is able to return to work or until the employee's condition becomes permanent and stationary. If you are permanently disabled, you are entitled to permanent disability benefits. For more information, visit the California Division of Workers’ Compensation website at: http://www.dir.ca.gov/dwc/basics.htm.
Q: What if I am having problems receiving benefits?
A: Contact the experienced workers’ compensation attorneys at Mann & Mann for a free consultation. We have won many large settlements on behalf of injured workers and their families whose claims were unfairly denied by their employers and insurers. We aggressively fight for injured workers all over the state of California.