Whether you are a Silicon Valley software engineer or a construction worker who built Milpitas into a tech industry, you should know how job-related injuries or illnesses affect you financially.
If you miss months of work, will you have to access savings to pay medical bills? What if you are partly responsible for the accident that maimed you? Do you work part-time? What if your injury is disabling?
These are questions that all employees ask themselves. You may only think about them fleetingly until you are hurt at work. Contact a Milpitas workers’ compensation lawyer for help when you get injured on the job. Our dedicated injury attorneys can help you determine who caused your accident and help you file a claim for benefits.
Who Qualifies for Workers’ Compensation in California?
All employers, according to California Labor Code Section 3700, must purchase workers’ compensation insurance that pays benefits to employees, including part-time employees, injured or who fall ill from work-related conditions. Criminal sanctions apply to employers who flaunt the law.
Employees are eligible for benefits after a single event, like a fall, and for injuries or illnesses that exacerbate over time, like lung disease from repeated exposure to toxic chemicals. Benefits may even cover heart disease for employees in high-stress situations like law enforcement and firefighting. A knowledgeable lawyer in Milpitas can explain available workers’ comp benefits and direct the filing process after a workplace injury.
California Workers’ Compensation Benefits
Workers’ compensation laws do not assign blame to an employer or employee. Instead, these rehabilitative benefits prevent employees from suing their employer for negligence. The workers’ compensation system in California provides the following benefits:
- Reimbursement for medical expenses, including diagnostic tests, hospital stays, physician visits, rehabilitation, medicines, and travel
- Lost wages for employees who cannot work while recovering
- Permanent disability payments with physician approval
- The cost of retraining employees deemed permanently disabled who cannot return to work for their former employers
- The return-to-work supplement program may pay qualifying employees a lump sum
- Death benefits for spouses and dependents
Government programs can be confounding unless someone familiar with navigating them becomes involved. A hardworking attorney in Milpitas can fight to get an injured employee the maximum workers’ compensation benefits.
What to Do When a Workers’ Comp Claim is Denied
Workers’ compensation claims administrators can deny claims when they do not believe an injury or illness is work-related. In these situations, the applicant can undergo a physical examination by a qualified medical evaluator (QME), a physician vetted by and who understands workers’ compensation guidelines. The physician can then provide clear evidence proving whether the injury is work-related.
A Milpitas lawyer can also file an Application for Adjudication of a Claim at the Division of Workers’ Compensation office in Santa Clara County. Hearings before a judge are granted after filing a Declaration of Readiness to Proceed.
Settlement Conference and Trial
The assigned judge will schedule a mandatory settlement conference, during which the employee’s attorney and the claims administrator must attend. The parties attempt to resolve their differences until a judge decides to schedule a trial. A different judge conducts the trial and releases the opinion within 90 days.
A Workers’ Compensation Attorney in Milpitas Fights for Your Benefits
Humans are vulnerable to accidents and illnesses, often missing work as a result. When the mishaps are job-related, workers’ compensation benefits provide a safety net for all employees. Depending on the severity of your injuries, benefits could cover your medical care, long-term disability, lost wages, or retraining.
The time to access these benefits is limited. You must report your accident to your supervisor immediately. Contact a Milpitas workers’ compensation lawyer for help filing your claim.
