Fremont Workers’ Compensation Attorneys

Do You Qualify for Workers’ Compensation?

As mentioned, California has generous protections for workers, so most employees in the state should be covered by workers’ compensation insurance. This applies to full-time, part-time, seasonal, and first-day workers with eligibility.

To file a workers’ compensation claim, you must have been injured:

• While working or carrying out a job-related task.
• Due to your typical job expectations.

However, the law does not guarantee workers’ compensation to all workers in the state. For example, independent contractors or workers who did not miss time off work due to their injury usually do not qualify. To know for certain if you should be getting workers’ compensation benefits after a job-related injury or illness diagnosis, the simplest step to take is to speak with Pacific Workers', The Lawyers for Injured Workers.

The Unpredictable Journey of a Workers' Comp Claim

These cases can take a long time, but there is no standard length for them. Every case is different, so the answer depends on many components. Being patient might seem challenging, but it is the only way to go.

1. How Long Will Your Case Be?

How long does it take for a Worker's Compensation claim to be resolved? The answer is the classic: it depends. Every case differs from the other, and many factors influence each timeline. When you file a claim, the first step is to know whether the case will be accepted or denied.

This decision sets the stage for the journey, so it's a pretty big deal. If the case is denied, it will be even longer due to all the following processes. However, the most significant factor is the medical treatment required to resolve the injury.

On average, most cases take 12 to 18 months, but some are far more complicated and can take longer.

At the end of the day, a Workers' Comp case length depends on several items, such as: 

• The facts on the case
• The legal issues in your case
• Your medical conditions
• What the doctors do to address these conditions
   

2. Does the Medical Treatment Matter in a Workers’ Comp Case’s Length?

In addition to the litigation component to get your case accepted, the medical treatment largely dictates how long the claim will take. Ultimately, your case will be done when you reach permanent and stationary status.

To put it simply, your case is over when you medically plateau from the medical treatment. As long as there are beneficial treatments for you, the doctors will continue to give you medical care.
 

3. What Other Situations Can Cause Delays in Your Case?

The medical treatment timeline is just one part of it all. As mentioned above, if your treatment is denied or only partially authorized, it will take a long time to solve.

Why is that so? Because you will have to appeal the decision to get the care you need to recover. And even once you've medically plateaued, you may still have some bumps in the road ahead.

For instance, you may not be happy with your Permanent Disability rating. Or there may be other reasons to cross-examine the doctor, request supplemental reports, or even take your case to trial.

Workers’ Compensation Benefits

Workers’ compensation is a system designed to get injured workers access to medical care at no cost to them, so they can recover comfortably and return to work. It doesn’t consider liability for a workplace accident when deciding if an injured worker is eligible for benefits, either. The main condition is that the worker was hurt while at work or completing a work-related task. California has some of the strongest worker protections in the nation, so the benefits that might be available to you if you were hurt while working in Fremont could be substantial.

While working on your case, our Fremont workers' comp attorneys can see if you qualify for these workers’ comp benefits:

• Medical treatments: The main benefit of workers’ compensation is the coverage of all medically necessary treatments, including emergency care, hospitalization, prescriptions, therapies, etc. There is no cap on medical treatment costs under workers’ compensation rules.
• Temporary disability pay: If you can’t return to work soon after your work-related accident, you can become eligible for temporary disability pay. Typically, this pay is equal to two-thirds of your usual average wages, and it can last for two years or 104 weeks.
• Permanent disability pay: A permanent work-related injury can make you eligible for permanent disability pay once temporary benefits end. This type of pay is based on the severity and type of disability that you have suffered.
• Partial disability: If you are partially disabled, your injury allows you to do some aspects of your job, but not all.
• Total disability: Total disability means that your injury prevents you from doing all aspects of your job, and you are unable to work.
• Life pension: When a worker is deemed to be 70-99% disabled (and not likely to be able to work in any field), life pension benefits can be granted to them through workers’ compensation, which can be granted in addition to disability payments.
• Vocational rehabilitation: Your workers’ comp benefits could include the cost of vocational rehabilitation programs or courses, which help you complete training or educational requirements to start a career for a different career if you can’t return to your previous role.

Workers' Comp Death Benefits

Death benefits come into play when a workplace accident results in a fatal injury. As a result, the worker passes away. Death benefits allow the family of the decedent to pursue compensation that they would have obtained had the worker survived their injury. For instance, death benefits can cover the costs of medical care, funeral, lost wages, and more.

Death benefits can be crucial for a family to feel peace of mind after something traumatic occurs. Working with the right team can help you as you safeguard your rights and pursue justice following a catastrophic workplace accident.

Fremont Workers’ Compensation FAQ

• How soon do you have to tell your employer about a workplace accident?
  You should try to tell your employer immediately after you are hurt on the job, even if it is a minor injury that doesn’t need medical attention. If you don’t tell your employer about an injury within 30 days, then you can lose the option to file for workers’ compensation benefits.
• How long until the claims adjuster responds to my claim?
  Your employer must notify their insurance provider within 24 hours of receiving your accident report (DWC-1 form). The insurance provider then has 90 days to deny or accept your claim. In the meantime, you should be approved for all possible benefits. If no response is given within 90 days, then the case defaults in your favor.
• Can your employer fire you while you’re on workers’ comp?
  An employer is not legally obligated to hold or guarantee your job while you are on workers’ compensation or disability. If you lose your job while on workers’ comp, you don’t lose workers’ comp eligibility, though. Also, if you do return to work, your employer must accommodate you based on your injury or disabilities.