You may be eligible for worker’s compensation benefits if you've been injured at work. The worker’s compensation system is a complex area of the law and can be difficult to navigate. That’s why it’s important to understand the four key elements of worker’s compensation so you can get the compensation you deserve. Here at Montoya Law, we’re dedicated to helping our clients understand their rights and get the benefits they’re entitled to. Contact us to discuss the specifics of your case and read on to learn more about worker’s compensation benefits.
4 Things to Understand About Worker’s Compensation Benefits
4 Things to Understand About Worker’s Compensation Benefits
What is Workers’ Compensation?
Worker’s compensation is a system of insurance coverage designed to provide financial benefits to employees injured or who become ill during their employment. The coverage is provided by the employer in exchange for the employee’s agreement to not sue the employer for any workplace injuries or illnesses. The benefits include medical care, lost wages, and disability payments.
Who is Eligible for Benefits?
In California, any employee injured or who becomes ill due to their job is eligible for worker’s compensation benefits. The employee does not need to prove that their employer was at fault for the injury or illness to be eligible. This means that even if the employee was negligent or careless and caused the injury or illness, they may still be eligible for benefits.
How Do I File a Worker’s Compensation Claim?
The process of filing a worker’s compensation claim in California involves notifying your employer of the injury or illness and filing an Application for Adjudication of Claim with the Department of Industrial Relations. It’s important to follow the steps specific to California to ensure that your claim is filed correctly. Once your claim is approved, you will begin to receive benefits.
What is the Time Limit for Filing a Claim?
In California, you must file your claim within one year of the date of injury or illness. This time limit is known as the “statute of limitations” and is strictly enforced. If you fail to file your claim within this time frame, you may be barred from receiving benefits.
Navigating the worker’s compensation system can be a daunting task. That’s why it’s important to understand the four key elements of worker’s compensation so you can get the benefits you deserve. At Montoya Law, we’re dedicated to helping our clients understand their rights and get the benefits they’re entitled to. If you have any questions or need help with your claim, contact us today.