I Was Hurt Over a Year Ago at Work But Never Filed a Claim. Is It Too Late to Receive los angeles Workers’ Compensation Benefits?
- October 4, 2017
If somebody is injured or become ill because of the job they are doing, they are then entitled to workers compensation benefits. Los Angeles will pay the cost of all the medical and hospital bills for that particular employee. Also, if a worker cannot be able to work because of the job-related injury, he or she is eligible for payment of the lost wages using temporary disability. Additionally, the worker is likely to get industrial disability leave. The other important thing to know is that the employee is entitled to benefits if he or she caused the accident that led to his or her injury.
Time to file the claim
In most cases, the injured person is supposed to file the complaint within the first 30 days. Failure to which the individual suffers enormous medical expenses. Taking one year means that one is already late. However, when a person files the claim within the shortest time possible, he or she will benefit from the application. The following are some of the benefits an individual is likely to get once the claim is made on time.
The accident may be unintentional. All the employers in Los Angeles are required by the law to have the worker compensation insurance or even have self-insurance against the employees. Thus, it ‘s hard to find an employer who does not have the insurance policy for the employees. The law is stringent on the insurance and failure to pay the insurance is a criminal offense. If the employer does not have the insurance policy, it is their responsibility to pay the bills related to the injury or the medical condition. Some employers may be illegally uninsured, and the workers can suit a file against such employers.
Once an individual gets the injury on the work, the first thing to do is to notify the supervisor or the manager. Some illness like hearing problems develops while someone is on the job. Once a person realizes that the sickness is growing, he or she to notify the person employer. After reporting the injury to the employer, you will get the necessary emergency treatment. The worker needs to fill a claim form. After filling the application form, then medication will start.
Some workers may fear to get fired if they fill the claim form. Apparently, it is wrong for an employer to fire the employee on such basis. If the worker firmly believes that the work caused the disability, he or she is not supposed to fear at all. The employer also can fire the co-workers who testify in the injury case. The law protects the workers and ensures that all their claims are compensated. Thus, the workers should not fear file the complaint. Some of the benefits given to the employees include Temporary disability payments, permanent disability payment, medical care and death benefits for the dependents of the deceased worker.
As mentioned earlier, the workers are entitled to health care resulting from the injuries obtained from work. Apparently, the employee’s compensation appeal board is supposed to award a lifetime medical for the work-related injuries. The medical care is expected to cover all the treatment necessary as the doctor orders. Apart from the cost of the procedure, the compensation must include the reimbursement for transportation to and from the medical treatment centers and the pharmacies.
When a worker is unable to perform the duties in work, he or she is entitled to some benefits. The benefits are supposed to start on the fourth day when a worker is absent from the job. The absence must be due to work-related illness or injury. Apparently, compensation is not within the first three days of the work. The benefits rates are two-thirds the average payment of the worker. Moreover, the employee is supposed to get the payments until he or she returns to work. The good thing with amounts is that they are untaxable. They are given to the beneficiary once the case is solved.
An employee may die on the job from a job-related injury. The worker may also die from heart attack, cancer, stroke or any other disease that is aggravated by the work. The spouse, minor children or any other dependents are entitled to receive the benefits. Furthermore, if the job-related injury was not the leading cause of the death, but it contributed to the reasons for the departure, the children and the spouse would still get the benefits. Also, there are allowances for the reimbursement of the fuel expenses. The employer must always be prepared to give the benefits to the workers when the injuries occur in the work environment.