Learn the history and origins of workers' compensation law - where it came from, why, and what it is now.
Reporting an Injury to Your Employer
Reporting an injury to your employer or supervisor is a critical step in the workers' compensation process. If you are injured at work, you should notify your employer at the earliest opportunity. If your injury developed over time (a cumulative trauma injury), you might not even know what to report because only a medical expert can have an opinion on what caused your cumulative injury.
Don't just rely on a verbal report of your injury. Many employers will deny that the injury was ever reported, so you will have to prove it. Send written notice of the injury and save a copy. This will help you later in your case if the employer raises a post-termination defense.
If an employee reports a specific injury after that employee has been terminated, then the employer will have a post-termination defense. There is a good chance that your claim of injury could be barred by this defense. That's why it's important to keep proof of your claim of injury.
Many employees are simply fearful of reporting an injury for fear of losing their jobs or employer retaliation. California Labor Code 132a makes this conduct illegal, and winning on a petition for penalties under 132a could get your job reinstated.
At Workers' Compensation Lawyer, Inc., we will always file a petition for penalties under Labor Code 132a if your employer discriminates against you after filing your claim of injury. We will fight for your rights, your compensation, and even to get your job back.
If you need help reporting your injury, contact us for a free consultation. We can help you with all of the required forms and paperwork.
Medical Treatment and Medical Costs
You might be wondering how to get the best medical treatment and care after your work injury. You might also fear the possible cost. The good news is that you are entitled to medical treatment at no cost in order to cure or relieve the effects of your work injury.
The law allows you to have up to $10,000 worth of medical care and treatment in the first 90 days after the filing of your claim, or until the insurance company denies your claim.
If an insurance company denies your claim, then we can help you find doctors who will treat you on a lien, meaning the doctor will take the risk on your case and not charge you. The doctor hopes that your claim will be proven later at the Workers' Compensation Appeals Board by your attorney, and then the doctor can seek payment from the workers' compensation insurance carrier.
If you need help finding a good doctor, contact us for a free consultation. We know of many doctors who are injured-worker-friendly in Southern California.