Workers Compensation FAQs

Do I have to tell my employer if I’m injured at work?

Yes. If you get hurt at work, the first thing you should do is tell your employer. You must report an injury to your employer within 30 days; otherwise, you could forfeit your right to file a workers comp claim. When you report your injury, ask for a workers compensation claim form. Your employer is required by law to give this form to you within one working day. Then, promptly see a doctor for medical care.

What happens after I file a workers compensation claim?

Your employer reports the injury to the company’s insurance carrier. Typically, the insurance carrier will contact you to get a statement and send you a variety of forms, including a medical release. The medical release enables the insurance company to see your medical records. Don’t sign it without seeing a San Bernardino County attorney first!

Why do I need a lawyer?

Workers compensation laws are very complex, and are constantly being updated. Our San Bernardino lawyers specialize in workers compensation, and understand the changes and how to apply them to individual cases. You need this kind of expertise to ensure that you receive all the benefits you’re entitled. One mistake could mean that you lose significant benefits.

If I file a workers compensation claim, can I be fired from my job?

It is illegal for an employer to fire a worker for getting injured on the job or filing a workers comp claim. In the event that an employer does terminate employment based solely on those reasons, the employer is subject to serious penalties as outlined by several Federal and state labor and employment laws.

When will I start receiving workers comp benefits?

It varies, depending on your situation. If you’re hospitalized as a result of a work injury, your workers compensation benefits start immediately. If you’re not hospitalized, payments typically begin about 3 days after filing a claim.

My employer has denied medical treatment that was recommended by my doctor. What can I do?

This is another good reason to see a San Bernardino County attorney who specializes in workers compensation! In a situation like this, your attorney can fight on your behalf by objecting to the denial and requesting that you see another doctor to determine whether the recommended treatment is reasonable. Your chances of getting the care you need are much greater if you have an experienced San Bernardino County attorney.

How long do I have to file a workers compensation claim?

The deadline to file a workers compensation claim varies from state-to-state. In California, there is a one-year statute of limitations.

How does someone qualify for temporary disability benefits?

There are two types of temporary disability benefits: Temporary Permanent Disability and Temporary Total Disability benefits. If a doctor determines that your injury has made you unable to work at all, you are entitled to collect Temporary Total Disability. If you are able to return to work only part-time, you are entitled to collect Temporary Permanent Disability.

How does someone qualify for permanent disability benefits?

Permanent Total Disability occurs when someone has been injured to the degree that a worker is injured to the degree that he or she is permanently unable to compete for any job in the future. Permanent Temporary Disability is paid when an injured worker can work but still experiences residual effects from the work injury.