Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types of workplaces. Common workplace injuries are related to being struck by an object, slipping and falling, overexertion, electrocution, chemical exposure and more.
After being injured on the job, it could take weeks or longer to fully recover and return to work. In some cases, the injury results in a permanent disability that impairs your ability to earn the same level of income going forward. In addition to the impact on your income, a workplace injury results in expensive medical bills and rehab costs. What should you do after a workplace accident to protect yourself and your family from financial loss?
Communicate with Your Employer
If you are able to do so, the first step is to tell your employer what happened as soon as possible. While you should relay the events verbally, it is important to document them in writing. Your employer may have a standard form for you to complete. Make a copy of that form for your records. In the event you need to seek legal assistance to receive compensation that you are entitled to under the law, your personal injury lawyer must get a copy of the report.
Get Medical Care
If you are seriously injured, your coworkers or employer may arrange for immediate medical attention. Documenting the event takes a backseat to getting treated. Ensure that your medical care team knows that this is a workplace accident. Request copies of all related medical records, including lab work, emergency room notes, imaging and more. If your medical care is ongoing, obtain records after each treatment. These records will be used to document your claim and ensure that you are fairly compensated for your expenses.
File a Worker’s Compensation Claim
In California, workers injured on the job are entitled to compensation equal to two-thirds of his or her normal gross wages up to the maximum amount allowed by the state through worker's compensation insurance. In addition, you may receive compensation for medical care and vocational rehab. If a loved one passed away because of a workplace injury, burial and death benefits may be provided.
To file a claim, you must first obtain Workers’ Compensation Claim Form (DWC-1 from your employer. Your employer is responsible for providing the claim form and has one business day to mail or hand the form to you. Once the form is complete, give it to your employer. Your employer should immediately submit it to the insurance company, and the insurance company will provide you with notification of receipt within two weeks. The insurer will then process the claim and make a decision.
Document the Event
During the days when you are awaiting the claim form from the employer and filling it out, obtain as much documentation surrounding the event as possible. For example, take photos of where the accident happened from several angles. If any equipment is damaged or unsafe work conditions are present, take numerous photos of these areas. If anyone witnessed the accident, get their statements in writing. Seek assistance from family or co-workers if you are not well enough to document the event yourself.
Speak with a Personal Injury Lawyer
While many personal injury claims are settled without hassle, others are delayed or denied. You will not receive any income reimbursement or other benefits until the claim is approved and settled, so your financial stress can mount. A personal injury lawyer can represent you throughout the claims process to ensure that your claim is processed quickly and fairly. If the claim escalates into a legal matter, your personal injury lawyer will provide representation until the case is settled.
After getting injured on the job, your first priority is to recover from your injuries. However, finances and recovery go hand in hand, so filing a worker’s compensation claim as soon as possible is crucial.
