Employees injured in accidents while carrying out tasks are entitled to receive assistance through their Workers' Compensation benefits.
Workers' Compensation provides immediate financial assistance to employees through insurance companies that pay for their medical treatment and health coverage. By giving workers' compensation benefit to employees, the employer is released from a potential lawsuit.
The Division of Workers' Compensation (DWC) oversees and monitors the implementation of Workers' compensation benefit among companies. It accepts complaints and offers help for employers to comply with the benefit program.
To apply for Workers' Compensation, an injured worker must submit the following requirements:
1. Photos from the accident scene
2. Medical records
3. Proof of employment and other documents
If your injury is catastrophic which would require long-term medication and therapy, you can apply for Permanent disability benefit.
Permanent disability (PD) addresses your need for medical assistance and financial assistance for months off from work due to impairment
You will have to fill out DWC 1 form and submit it within a day to your employer. If you are unable to do this, a family member can process it for you.
State laws also provide additional benefits such as:
1. Immediate medical assistance up to $10,000 while your employer processes your claim.
2. Allows you to avail of government benefits should your employer refuses to grant your claim
3. Require the employer to increase your disability compensation, if they fail to act on your claim within the given time.
4. Functions as an early action from the government to address immediate medical needs and prevent potential litigation.
The DWC 1 form is available at the DWC site.
Your attending physician or surgeon will help determine the extent of your injury and duration of your therapy. His/her report can help in deciding your PD rating. It helps the government identify the type of injury and benefit that you deserve.
A doctor can also help in determining whether you have reached maximal medical improvement (MMI) and cite if you have PD.
Your physician will also explain if your disability is a direct cause of the accident or of a previous illness. This may be referred to as apportionment.
If you disagree with the findings presented by your first physician, the claims administrator may ask for a Qualified Medical Evaluator (QME) from the DWC medical unit. You may also request for a new medical examination, and ask the claims administrator to help you make the appointment.
Consult with a Disability Compensation Claim Expert, Employment Law Attorney in Los Angeles to learn more on Workers' Compensation benefit.