Maison Law Accident and Injury Lawyers of Modesto helps workers that have been injured or become ill through the workers’ compensation process. Even with the right to a safe workplace, accidents can still happen. If you’re injured, workers’ compensation benefits are available to help. However, the process can be complicated. Our experienced team can guide you through the process from start to finish. Contact us today for a free consultation to talk about your options.
Should You Hire a Lawyer?
Workers’ compensation in Modesto typically applies in two main situations. First, if you’re hurt in a workplace accident, your employer is required by law to have workers’ compensation insurance. Problems can arise if your employer doesn’t have coverage or retaliates against you for filing a claim. Second, if someone else’s negligence caused your accident, the situation might become legally complex.
In these cases, it’s important to explore your legal options. Our team can assist you by:
- Explaining your rights and legal options.
- Identifying the cause of the accident and who is responsible.
- Helping you gather evidence and file your workers’ compensation claim.
- Negotiating with your employer and insurance companies for a fair settlement.
Getting injured at work can make life harder, but you don’t have to go through the process alone. We’re here to make things easier so you can focus on recovering and returning to work. But before you reach the point where you need to file for workers’ comp, it’s important to understand the step-by-step process of what needs to be done.
How Does the Workers’ Compensation Process Work After a Workplace Injury in Modesto?
Nobody in Modesto wants to get injured, let alone have it happen at work. Yet, this is one of the most common places that injuries happen. This is the main reason California law has such strong protections for workers–including giving access to workers’ compensation benefits.
However, these benefits come out of accidents and injuries, which means there’s a claims process in place. With that, you are going to need to follow certain guidelines after the injury or illness happens:
- Get medical help – Take care of your health first. Call 911 or visit a hospital or urgent care as soon as you can. If possible, get first aid while waiting for help.
- Report the accident to a supervisor – Tell your supervisor or someone in charge about your injury right away. In California, you must report workplace injuries within 30 days. The sooner you report the accident, the sooner the workers’ comp claims process can start.
File for workers’ compensation – Go to HR and ask for the necessary form (DWC-1). Fill it out and then return it. Also, keep a copy for your records.- Investigation – The workers’ comp insurance company will review your claim, which may usually involve them checking medical records, talking to you and speaking with witnesses.
- Medical examination – Most of the time, the insurance company is going to ask you to see a doctor they pick (a QME) so your condition can be evaluated. You can also consult your own doctor for a second opinion.
- Claim decision – Once everything is gathered, the insurance company will decide if your claim is approved and outline the benefits you’ll receive.
- Mediation or hearings – If there’s a dispute over your claim, you might need mediation, negotiation, or a hearing to resolve it. We can help you with this hearing.
- Returning to work – If possible, your employer may offer a job that matches your medical limitations. If your old job isn’t an option, you could receive help retraining for new work.
Remember, every situation is different. The path your claim takes might not exactly match these steps, but the thing to remember is that by following these guidelines and understanding how things work, you’ll be in a better position to file your claim and get benefits.
What Injuries Make You Eligible For Workers’ Compensation?
Given that there’s a huge number of jobs and industries in Modesto, you might think that workers’ compensation doesn’t apply in certain workplaces. However, this is one of the best things about workers’ compensation–it doesn’t matter what kind of injury or illness you come down with. If it happens during the course of your day-to-day job, you’re eligible for workers’ compensation benefits.
At the same time, though, certain types of injuries are more likely than others:
- Physical injuries – Sprains, fractures, back injuries, or nerve damage from accidents like lifting, falls, tripping, or crush incidents.
- Repetitive stress injuries (RSIs) – Problems like carpal tunnel syndrome caused by repeated motions, such as typing or using tools.
- Work-related illnesses – Health problems caused by exposure to harmful substances like chemicals or dust.
- Mental health issues – Conditions such as stress, anxiety, or trauma directly linked to work or workplace events.
- Exposure to hazards – Injuries from burns, electrocution, or other risks, especially in construction and similar fields.
Obviously, workplace injuries or illnesses can lead to significant challenges. Workers’ compensation is there to help, but it’s also helpful to know what benefits you can get.
What Workers’ Compensation Benefits Can You Get When You File?
If you’re injured or develop an illness due to work conditions, filing a workers’ compensation claim is one of your main options. At its core, workers’ comp is a type of insurance that provides support for job-related health issues. When you file a claim, you may be eligible benefits like:
- Medical expenses – These benefits cover the cost of medical care related to your injury or illness. This includes things like doctor visits, hospital stays, treatments, surgeries, medications, physical therapy, and any necessary medical equipment, like crutches or braces.
- Temporary disability (TD) benefits – If your injury or illness prevents you from working temporarily, you may receive payments to replace a portion of your lost wages. These benefits help cover your living expenses while you recover and are unable to perform your job.
- Permanent disability (PD) benefits – If your injury or illness results in lasting damage that impacts your ability to work, you can receive compensation based on the severity of your condition. This financial support helps offset the challenges of reduced earning capacity or an inability to work in the future.
- Job retraining – If you are no longer able to do your old job due to your injury or illness, workers’ compensation can provide help with retraining. This may include vocational training programs, education, or support in finding a new job that fits your physical capabilities.
There’s a few important things to remember about workers’ comp benefits. First and foremost, you have to file your claim within one year of the date of your injury. Then, TD benefits typically expire after 104 weeks, so they could run out before you get better.
At that point, you may have to explore filing a civil claim through insurance or a lawsuit to get damages. This is obviously a stricter process where you have to establish negligence to show fault, but our team can help you. It will also allow you to recover things like medical expenses, lost income, pain and suffering, and emotional distress.
Support From Experienced Modesto Workers’ Compensation Lawyers
If you’ve been hurt on the job, it’s hard to know right away how serious the injury might be. In some cases, a workplace injury could end your career, leaving you facing an uncertain future. This can feel overwhelming, but you don’t have to handle it alone. At Maison Law Accident and Injury Lawyers of Modesto, our experienced workers’ compensation lawyers are here to help. Contact us today for a free consultation and get the support you need during this challenging time.