Injury at work is very common. Let’s face it, accidents happen. And we spend a significant amount of our time on the job so things are bound to go wrong. When accidents do occur and result in injury beyond first aid, the employer is required to inform their workers’ compensation insurance company of the accident injury. Emergency medical treatment should be provided and paid for. In addition, up to $10,000.00 of medical care should be authorized and rendered within 24 hours of the accident until the claim is either denied or accepted by the carrier. All employers in California are required to carry the appropriate insurance coverage for their employees. If they do not, they subject themselves to severe penalties and sanctions by the State. In addition, they are open to lawsuits in civil court for negligence, which is a cause of action that cannot be brought against an employer who carries the appropriate workers comp. insurance.
Make Sure The Injury Is Properly Reported
If you have an injury at work, you need to assert your rights. This is especially true if you are not offered needed medical treatment by the insurance company. Some employers will go about things wrong by trying to hide your accident injury from their carrier. They do so by paying for your care directly to the facility. They do so to keep you from filing a claim and thereby increasing their insurance premiums. While this might make sense for the employer, this is often a big problem for the employee. This is due to the fact that workmans compensation offers much more than paying for emergency medical treatment. It also has wage replacement while the claimant gets better, job retraining if they can’t ever go back to their old job, mileage reimbursement to and from medical appointments, and money at the end of the process if full physical recovery is not obtained. By not reporting to the insurance company properly, the employee could face unnecessary and damaging delay to their needed compensation and benefits. In some circumstances, a failure to timely assert rights leads to losing them forever. Therefore, always take the steps to protect yourself. If that means calling for help and representation from a Rialto California workers compensation lawyer, then that is what you must do.
Why Employees Forgo Properly Reporting Accident Injury At Work
Many employees forgo or abstain from asserting their rights under California workers’ compensation law because they are afraid they will be retaliated against for reporting an injury at work. They fear that by reporting and filing a work compensation claim that their employer will take negative action against them. This could be through a failure to promote where promotion is deserved or the eventual firing of the employee where no real cause exists. Because people need their jobs to survive, many situations where injury occurs go unreported. This is especially true where a health condition arises from repetitive work activities (known as a cumulative trauma mechanism of injury).
Even though it is illegal for an employer to discriminate against an employee for filing a workers compensation claim, it can and does happen. And while their is recourse against the employer if they do choose to discriminate, the legal process is long and uncertain when it comes to proving the case and collecting damages. Therefore, many end up failing to report legitimate on the job accident injuries. It is up to the individual to decide whether not reporting the situation has benefits that outweigh the possible discrimination. But any decision to not properly notify the insurance company should only be done after speaking with a Rialto California workers compensation lawyer about options. This is because not reporting could have very severe consequences that could cause the employee to not get appropriate and timely medical care and money compensation needed to stay afloat financially and get back on their feet working again.
Call A Workers Compensation Lawyer In Rialto For Help Now!
Alexander D. Napolin, Esq. is a local attorney who serves the community of Rialto, California and surrounding cities and areas. If you or a loved one has been injured at work, call Mr. Napolin for a free case evaluation over the phone. During the conversation, you will have the ability to ask a lawyer questions about your case and what we believe we can do for you as far as legal representation is concerned. All phone consultations are without obligation to file a lawsuit and come at no charge to you. Call 909-325-6032 to speak to Mr. Napolin today! Or visit his website at calinjurylawyer for more information about his practice philosophy and general information on workers compensation in California.