At Hanning & Sacchetto, LLP, our Whittier workers’ compensation attorneys know if you have a work-related injury or illness, your California employer is required by law to pay for workers’ compensation benefits — whether it is a single injurious event or an illness or disease caused by repeated exposure.
Our Los Angeles County workers’ compensation lawyers also know that to successfully receive the benefits they are entitled to, employees have obligations of their own to meet.
First, they must report their injuries to their employers by telling their supervisors about the incident and the resulting injuries right away. If the injury or illness developed over time, employees must report it as soon as they learn or believe it was caused by their jobs.
If the employer does not learn about the injury within 30 days, thereby preventing the employer from fully investigating the injury and how it occurred, the employee could lose their right to receive workers’ compensation benefits.
Next, the employee must get emergency treatment, explaining to their healthcare provider that the injury or illness is job-related. The employer is obligated to give or mail the injured employee a claim form within one working day after learning about the injury or illness. The employee must fill out the claim form and return it to the employer.
What Type of Workers’ Compensation Benefits are Injured California Workers Entitled To?
In California, workers’ compensation insurance provides five basic benefits:
- Medical Care: To help recover from an injury or illness caused by work.
- Temporary Disability Benefits: Payments for lost wages because the injury prevents the employee from working.
- Permanent Disability Benefits: Payments for employees who cannot recover completely.
- Supplemental Job Displacement Benefits: Vouchers to help pay for retraining or skill enhancement.
- Death Benefits: Payments to the surviving spouse, children, or other dependents if the injury or illness is fatal.
When Do California’s Workers’ Compensation Benefits Begin?
Medical care benefits begin right away after an employee is injured at work and allow up to $10,000 in treatment while the claims administrator considers the claim. Before Temporary Disability Benefits begin, employees are generally required to miss three days of work, or if the employee is hospitalized overnight.
If the employee sustains more than three days of wage loss, their entitlement to benefits commences on the fourth day. If the employee is disabled for more than 14 days because of their work injury, then the three-day waiting period is waived.
The employer is required to send out a payment of temporary disability no later than 14 days after knowledge of the workplace injury. The date of knowledge is usually the date that the employer receives notice from the employee.
The first benefit payment should include all benefits due for the waiting period.
Contact Our California Workers’ Compensation Attorneys Today
If you have been injured in a California workplace accident and have not received the benefits you are entitled to, or if your claim has been denied, contact our skilled workers’ compensation attorneys in Whittier at Hanning & Sacchetto today by calling (562) 698-6446 to schedule a free consultation today.