The first thing to do after an accident is to report it to your employer immediately. Even if your injury or illness develops over time, report it as soon as you believe or learn it is work-related. The employer is required to investigate your claim within 30 days. When you delay notifying them, it makes a full investigation difficult, which could result in you losing your workers’ compensation benefits. If your injury requires emergency treatment, tell the treating healthcare provider that your illness or injury is job-related so they can make a record in your medical chart.
If you want to object to your claim’s denial, you will need to file a case at one of California’s divisional offices. Each of these offices has a trial court where a judge decides disputes without a jury. We highly recommend consulting The Jin Law Firm P.C. to help you reassess your case and present it for you at this hearing
Under California’s Occupational Safety and Health Act (OSHA), employers must provide employees with a safe and healthy workplace, even if that workplace is the employee’s home or residence. An employee that telecommutes and suffers a work-related injury may file a worker’s compensation claim.
Even if you resign from the current employer [where you suffered your job-related injury] while receiving benefits from a workers’ compensation claim, you will still continue receiving your benefits if your medical doctor determines you need ongoing treatment. By law, employers are required to pay for any workers’ compensation insurance for you during your employment, provided you have worked for the company for six months or longer.
Do you have further questions about California workers’ compensation laws and requirements? If so, contact The Jin Law Firm to schedule a free consultation with one of our experienced attorneys