If you’ve been injured on the job, you have a right to file a claim with the workers’ compensation fund to have your medical bills paid for. However, it can feel like an uphill battle to get the help that you need. This is especially true if you need help with how to file workers’ comp in California. At Mishra X Trial Lawyers, we have some advice regarding filing a claim and some of the trouble you might run into along the way. Read below for some answers to some questions we’re regularly asked.
How soon after an injury should I start filing a claim?
As soon as you’re injured at work, you need to get started filing a workers’ comp claim. This is an important step because you don’t want your employer to have any grounds for making a statement against you that the injury might have happened outside of work at some point. Urgency in starting your claim is important as you have evidence of the injury and a clear memory of the actual occurrence.
As time passes and you have conversations with managers and other higher-ups in your company, they might have tried to change your mind about the events to prevent you from filing as it is going to cost them money.
Even if your injury is the result of several months or years of repetitive motion, you should still report the injury to your employer as soon as possible so you can file a claim.
Who do I talk to when filing a workers’ comp claim?
The first person you’re going to need to talk to is the designated person over workers’ comp within your company. This is often a human resources representative as they’re most familiar with employee benefits. They should help you gather all necessary information regarding the incident that led to the injury and refer you to an approved medical provider.
What if my employer tries to keep me from filing a claim?
In most states, companies with one or more employees are required to have workers’ comp insurance. This is the case with California as well and applies to both full- and part-time employees. This means that you’re eligible to file a claim if you’re injured at work and there’s nothing your employer can do to stop you. Sometimes you might need some help fighting the uphill battle so an attorney can be helpful when it comes to pushing the paperwork through the system.
Do I need a lawyer when I file a claim?
Yes, you do need a lawyer when you file a workers’ compensation claim. Regardless of whether or not your employer pushes back against your claim, you’re going to need a lawyer to ensure that you’re getting the necessary benefits to treat your injury as well as the financial compensation that you’re entitled to.
Keep in mind that like any business, insurance companies are in it to make money by limiting their expenses where they can. The same goes for the workers’ compensation fund. You’re going to have to fight to get the maximum benefit you’re eligible for, which includes medical coverage now and in the future as well as missed wages compensation.
Schedule a free consultation
You don’t have to go through your fight with workers’ compensation on your own, get in touch with our team at Mishra X Trial Lawyers. We can help walk you through how to file workers’ comp in California so you don’t miss out on valuable benefits. Our experts are seasoned in working with injured individuals and the workers’ comp system so we’ll be sure to help you with your benefits now and into the future. Get in touch to schedule a free consultation by calling 949-343-9735 or send a message using our contact form. We look forward to discussing your case with you.