If you’ve been injured on the job, going through the workers’ compensation process can seem like navigating a mine field. Here are five facts that anyone who was hurt at work needs to know.
1. Your Employer Might Not Have Workers’ Comp (or You Might Not Be Covered)
Not all employers are required to have workers’ compensation. For example, your company may not have the minimum amount of employees required to have workers’ compensation insurance. Alternatively, some workers are not covered under the insurance, including contractors and other “casual” employees.
2. You Do Not Need to Prove Fault
In personal injury cases, the victim needs to prove that their injuries were the direct fault of another person’s action or inaction. However, in a California workers’ compensation case, the victim only needs to prove that his or her injuries occurred on company property.
3. You Are Required to Go to the Doctor Your Employer Approves
In almost all cases of workers’ compensation, you are not allowed to select your own doctor. You are required to go to the doctor approved by your employer, even if you have never seen the doctor before and he or she is not familiar with your medical history. If you choose to go to another doctor, it will likely not be covered or you could lose your compensation claim all together.
4. You Can Appeal Your Case If It Is Denied Initially
If your case is denied, you are not simply out of luck. You can appeal the decision, a process through which your Orange County workers’ compensation attorney can guide you. An appeal will take time, but you may be able to overturn the decision and obtain the benefits you deserve.
5. You Can Find Out If You Have a Case For Free
Most attorneys offer free consultations for workers’ compensation cases, meaning that it costs nothing to speak with a lawyer about what happened and determine if it is worth the time and effort on both your part and the attorney’s to pursue a claim.
Always Have an Attorney On Your Side After an Injury at Work
Employers are rarely on the side of the employee after an injury at work, and often look for countless ways to discredit the employee’s testimony or to have their compensation claim denied. Even if you and your employer have a great relationship before the injury, never expect that to continue once they learn you are pursuing a claim for compensation.
However, having an attorney on your side can give you the legal and emotional support you need to see your claim through and obtain the restitution you need. At the Law Office of Michael J. Holmes, we have sufficient experience working with employees who were injured at work and can provide you with rock solid representation no matter how minor or severe your injury was.
Contact our office today at (888) 322-3945 to discuss your case with a seasoned California work injury lawyer. We are available now to guide you through this difficult process so you can begin the journey to healing.