Understanding your rights to a workers’ compensation claim can be life-changing, especially since it prepares you for risks of getting injuries or work-related illnesses on the job. The easy part is knowing you can get financial coverage, but that’s typically where the information ends for many.
Workers’ compensation claims can be complex, so people are bound to have questions about it. Some questions are frequently asked than most, so we’ll be shedding light on your right to benefits under the workers’ compensation policy by answering them below:
- What If My Workers’ Compensation Claim Was Denied?
An attorney can help you file to the Division of Worker’s Compensation (DWC) office again to appeal the denial. There are several reasons behind the rejection of your claim, a lawyer can also provide options to contest this denial.
- What If I Was Injured on the Job, but My Employer Doesn’t Carry Workers’ Comp Insurance?
Every working individual has the right to claim workers’ compensation, so even if your employer doesn’t offer it, you’re free to file a claim at any DWC office near you. Naturally, you also have the option to file a lawsuit against your employer since under Section 3700.5 of the California Code, failing to provide insurance is a criminal offense.
- I Was Hurt on the Job and Filed a Claim, Then I Got Fired. Is That Legal?
An employer who conducts acts of aggression, discrimination, or any form of abuse due to your filing a claim is breaking the law, so they can be penalized for their misdemeanor. They cannot fire you due to work-related injuries or illnesses, nor can they put you in unfair situations due to ill feelings. Fortunately, a lawyer can help protect your rights and get the compensation you deserve.
- My Employer Said That I’m an Independent Contractor, Not a Regular Employee, so I Can’t Get Benefits. Is This True?
You’re not necessarily an independent contractor by law if the nature of your job doesn’t fit the description, an attorney may help analyze your situation and guide you in this matter. There are high chances of contractors being eligible for workers’ compensation benefits, so it’s always worth trying.
- What If My Injury Occurred over Time?
Any type of illness or injury caused directly by your work — due to labor-intensive responsibilities, repetitive tasks, or poor working conditions — still warrants you a workers’ compensation claim.
The Bottom Line: Understanding the Basics on Workers’ Compensation Claims
Understanding the complexities of a workers’ compensation system can be challenging; that’s why it’s normal to feel like you’re asking more questions every time the answer comes up since all the details can be confusing.
Consulting with an attorney who specializes in workers’ compensation claims can help simplify the process for you, making it easier to file a claim and hopefully get your benefits.
Are You Looking for a Workers' Comp Attorney in Northern CA ?
Dealing with legal work can be daunting, but as a worker, it's important that you understand your rights and how exactly workers' compensation can help you. For this reason, it's best to work with the team at Pacific Workers', The Lawyers for Injured Workers.
We are committed to helping the hardworking people of Northern California receive the help they deserve. Book a free consultation with us and get your questions answered. Call us at 800 606 6999 for a free consultation or chat with us online!