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Seeking Justice: Workers’ Compensation Claims in California

File A Claim For Workers' Compensation | GN

Workers’ compensation claims are usually required after workplace accidents. California employers must carry workers’ compensation. Workers’ comp, as it is known, simplifies workplace accident claims by guaranteeing payouts to injured workers. However, these rewards are usually significantly smaller than a personal injury lawsuit. Thus, workers’ comp is an employer-employee compromise.

When Can I File A Claim For Workers’ Compensation?

Workers’ compensation insurance will pay for injuries sustained by an employee while the worker is acting within the course of their employment. In simple terms, you have to be working at the time of the accident and you have to be performing tasks that are associated with your profession.

Workers who have suffered mental or bodily ailments because of their jobs are eligible to file compensation claims. However, the following are not included in the scope of workers’ compensation:

  • Injuries sustained because of the consumption of drugs or alcohol
  • Injuries that were inflicted on oneself
  • Injuries sustained by a worker who was responsible for initiating a fight
  • Injuries sustained by a worker while the other worker was engaged in the commission of a crime

It is vital for you to report your injuries to your employer (ideally in writing) within the first thirty days after you become aware of the injury. This is true even if your injury meets the criteria for coverage. If you achieve this requirement, you will have another year to file a claim for workers’ compensation after that.

What Are The Benefits Of Workers’ Comp?

Injured workers in California can usually get the following perks from workers’ compensation:

  • Help with medical bills. Under the laws of California, this could include care from hospitals, physicians, surgeons, dental professionals or other qualified medical providers.
  • During your recovery time, you can get temporary disability payments that are equal to two-thirds of your normal pay.
  • If your injury makes it impossible for you to work and make money again, you can get permanent disability payments.
  • A discount for training classes if injuries make it necessary for you to change careers.
  • When a worker dies on the job, his or her family gets death benefits.

What Should I Do If I Suffered an Injury on the Job?

A fatal accident on the job might completely alter your future. If you have an experienced legal lawyer by your side, though, the road to recovery will be much easier to traverse.

  • As soon as possible, submit a written report detailing your injuries to the company you work for. The deadline for filing a workers’ compensation claim in California after an injury occurs is 30 days. Timely accident reporting is essential regardless of how you demand other types of compensation for your injury. Even if you don’t think you’re hurt in a workplace accident, you should nonetheless report it to your boss. If you don’t report an accident quickly away, you may lose your right to file a claim for injuries suffered as a result of the accident, even if those injuries or conditions don’t show up for months or years.
  • If you feel the need, see a doctor. Ask your company if you need to go to a specific on-network healthcare facility to receive workers’ comp coverage if you are not in immediate need of medical attention.

    The last step is to call (562) 561-2669 and talk to Gaylord and Nantais. We can help you figure out how to get your rewards from the workers’ compensation system.


Picture of Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Partner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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