REVIEW THE QUESTIONS AND ANSWERS BELOW:
QWHAT IS A WORK INJURY?
AInjuries at work can happen suddenly (slip and falls) or over time (repetitive strenuous work). A person may even have both types of injuries. Injuries do not necessarily have to be physical injuries, one can also suffer psychological injuries.
Q
WHAT IS A WORK INJURY?
QIS MY EMPLOYER REQUIRED TO PROVIDED ME WITH ITS WORKERS’ COMPENSATION INSURANCE INFORMATION?
A Yes, with some exceptions, all employers in California are required to have workers’ compensation insurance and are required to provide employees with information regarding their workers’ compensation insurance information. Employers are required to post legal notices with this information.
Q
IS MY EMPLOYER REQUIRED TO PROVIDED ME WITH ITS WORKERS’ COMPENSATION INSURANCE INFORMATION?
QWHAT IF MY CLAIM HAS BEEN DENIED?
AAn insurance company is entitled to deny your claim and you are entitled to pursue your claim. Since there is a dispute between you and the insurer, the courts are there to resolve those differences. When your claim has been denied you have a right to go to an evaluating doctor (QME) to determine whether you sustained a work injury.
Q
WHAT IF MY CLAIM HAS BEEN DENIED?
QHOW DO I OBTAIN MEDICAL TREATMENT?
AYour employer may have already referred you to a doctor or medical facility but you may be unhappy with the care and treatment. You are not stuck with this provider. Instead, you are able to choose a new provider within the medical provider network (MPN).
Q
HOW DO I OBTAIN MEDICAL TREATMENT?
Q WHAT IF I CAN’T WORK, WILL I RECEIVE DISABILITY PAYMENTS?
A This benefit is known as temporary disability or wage replacement and will be provided by the insurer at a rate of 2/3rds of your average weekly earnings as long as a physician that the insurer recognizes states you are unable to work or that the restrictions provided by the doctor cannot be accommodated by the employer. There is a 2-year cap on temporary disability benefits. In denied cases, you may be eligible to apply for → EDD-State Disability Insurance Benefits.
Q
WHAT IF I CAN’T WORK, WILL I RECEIVE DISABILITY PAYMENTS?
Q HOW LONG WILL IT TAKE FOR MY CASE TO SETTLE?
A There is no set schedule and courts do not have a deadline for cases filed. It can take several years for a doctor to declare your condition permanent and stationary at which time the doctor can evaluate your whole person impairment.
Q
HOW LONG WILL IT TAKE FOR MY CASE TO SETTLE?
