If I get Hurt at Work, Do I Get Paid?

cartwrightlaw - July 25, 2024 -

Every day, people are hurt at work while performing their jobs. Dealing with the aftermath of an injury can be stressful and financially challenging. Whether you have experienced a minor injury or a life -threatening one, when you are in the workplace, it is helpful to understand your options for compensation. Consult a San Francisco workers’ compensation lawyer today.

Workers’ Compensation Benefits

Workers’ compensation in California is a state-mandated form of insurance that every employer must carry. This helps to protect both employees and companies in the event that someone is injured while on the job. Those who experience a qualifying event may be eligible for coverage of:

Medical treatment – a reasonable amount of medical treatment that is required for workers to recover and heal from the injury.
Temporary disability coverage and payments – temporary disability helps to provide payments for lost wages during the time that the injured worker is unable to return to work. These payments are intended to help supplement the lost income for workers who were injured on the job.
Permanent disability coverage and payments – If the injured employee suffers a permanent disability because of an injury that they sustained at work, they may qualify for permanent disability insurance. The benefit amounts vary depending on the severity of the injury and disability.
Death benefits – provided to the spouse or the dependent of the worker who was fatally injured on the job.

Why Benefits May Not Be Paid

Even if your claim is initially approved, your company’s insurance company can find ways to stop your benefits from being paid. For this reason, it is important to work with an experienced workers’ compensation attorney to protect your rights to your benefits. Some of the common reasons that benefits may be paused and not paid include:

Quitting your job – it is important to remember that if you quit your job while you are on medical leave and receiving workers’ compensation, the insurance company will most likely stop your benefits.
Independent Medical Exam (IME) – your employer’s insurance company might request an IME to review your initial medical exam, perform a new exam, and determine whether or not the injury is serious enough to remain on workers’ compensation. This is a tricky situation because refusing to attend the exam could result in a loss of benefits. On the other hand, attending the exam might lead to a conclusion that you are able to return to work even if you believe this is not the case.

Why a Claim May Be Denied

Unfortunately, the workers’ compensation claims process is not always an easy and straightforward path for those who are injured. There are many different reasons that a workers’ compensation claim might be denied. Some of the common causes for a claim being denied include:

The employee was completing a task that was outside of the scope of their work when the injury happened.
The medical provider might state that the injury is not actually work-related.
The employer may claim that the injury happened after working hours or not on the job site.

If you believe that your claim was unfairly denied it is advisable to talk to an experienced San Francisco workers’ compensation attorney as soon as possible to get the claims process back on track again.

Hearings and Contested Claims

In the event that your workers’ compensation claim is denied or your benefits are paused you have the right to a hearing for the contested claim. In order to support your claim for workers’ compensation, it is important to come organized with documents that show the extent of your injury. The court will typically want to see all of your medical records related to the accident, the accident report that was filed at the time of your injury, and the course of action your doctor has advised you to follow in order to heal and return to work.

Your workers’ compensation attorney can help to organize all of this information, call the essential witnesses, and support your claim for payment while you take the time to heal from your injury.

Speak with a San Francisco Workers’ Comp Attorney

If you have been injured while at work, it is advisable to speak with an experienced San Francisco workers’ compensation attorney who can help you through the process. The Cartwright Law Firm, Inc., is dedicated to helping those who have been hurt while on the job. To schedule a free initial consultation, call us today at (415) 851-6486. You can also contact us online to get started.