Every year, thousands of people working in various industries throughout the San Bernardino, CA, area sustain injuries in their workplaces. California state law requires all employers to carry workers’ compensation insurance coverage. Therefore, every California worker who suffers an injury at work has the right to file a claim for workers’ compensation benefits. Unfortunately, the actual process of obtaining workers’ compensation benefits is far more complicated than many claimants initially expect, and numerous unpredictable variables might arise that complicate the claims process. If you have been injured at work, a San Bernardino workers’ compensation attorney is the best resource you can have on your side as you work toward your recovery.
Leviton, Diaz & Ginocchio Inc. is a full-service workers’ compensation law firm offering legal representation to injured workers in San Bernardino, CA, and surrounding areas. We understand the challenges many injured workers face when navigating the complex workers’ compensation claim process and the various complicating factors that might interfere with a claimant’s ability to secure the benefits they legally deserve.
When most people think of workers’ compensation claims, they imagine acute injuries such as falls from high places, severe injuries from heavy equipment, and traumatic brain injuries. While incidents like these do occur, many workers’ compensation claims pertain to cumulative injuries that develop over time, such as carpal tunnel syndrome and degenerative orthopedic injuries from physical labor. Some of the most commonly reported injuries that lead to claims for workers’ compensation benefits in San Bernardino include:
This is not an exhaustive list of all the workplace injuries a person might suffer that qualify for California workers’ compensation benefits. The California Department of Workers’ Compensation (DWC) processes all workers’ compensation claims filed in San Bernardino and throughout the state. Having an experienced San Bernardino workers’ compensation attorney assist you with your claim is one of the best ways to ensure you have the benefits you and your family need to recover from your injury.
As soon as you suffer a workplace injury or discover a medical condition caused by your work environment or job responsibilities, you should immediately report the issue to your employer. Your California employer has a legal obligation to provide you with the claim form and other materials you may need to file your workers’ compensation claim. They will also provide you a list of physicians you can visit for a medical examination that have been approved by the employer’s workers’ compensation insurance carrier.
An injured worker who needs immediate emergency medical treatment following a workplace injury can receive treatment from any available doctor. However, once they stabilize, they must undergo medical examination from an approved workers’ compensation doctor. This doctor will assign the worker a disability rating based on the severity of their injury and how long it will take them to recover. The workers’ disability rating determines their eligibility to receive workers’ compensation benefits, and the California DWC also uses disability ratings to decide how long a claimant qualifies to receive benefits.
Your employer may not interfere with your workers’ compensation claim in any way, nor may they attempt to discourage you from filing your claim out of fear of their insurance premium increasing. The California DWC has a legal obligation to process all claims in good faith and in a timely fashion. Unfortunately, many injured workers who file workers’ compensation claims in San Bernardino, CA, encounter unexpected administrative issues and even resistance from their employers.
Filing a workers’ compensation claim is a tedious and time-consuming process. Your claim may require submission of supporting documentation from one or more physicians and other materials. You could encounter delays with your claim if you make any mistakes with your paperwork or miss a filing deadline. Having an experienced San Bernardino workers’ compensation lawyer assist you with filing your claim not only makes the claim filing process much more accessible but also significantly reduces the chances of encountering administrative or procedural delays in the handling of your claim.
Each of the San Bernardino workers’ compensation attorneys at Leviton, Diaz & Ginocchio Inc. has more than 20 years of experience guiding clients through the many phases of the workers’ compensation claim process. We understand how difficult it can be to handle this process while simultaneously managing the aftermath of your workplace injury and want to provide the professional legal support and guidance you need to approach the situation with confidence. We can assist you in completing and submitting your claim and help you address unforeseen issues with the California DWC or your employer. Our goal is to help you recover the full scope of the workers’ compensation benefits you deserve after a workplace injury in San Bernardino.
You probably have many questions about your eligibility to receive workers’ compensation benefits and how to approach the claim process. If you are ready to discuss your case with an experienced San Bernardino workers’ compensation attorney, Leviton, Diaz & Ginocchio Inc. is ready to assist you. Contact us today to schedule a consultation with our team and get the answers to your most pressing legal questions about the California workers’ compensation system.