If you suffered an injury while at work, your employer’s workers’ compensation insurance could provide you with much-needed medical and wage benefits while you heal. The workers’ comp system is complex, so speaking with our knowledgeable workers’ comp attorney could help you determine if you qualify for coverage.
At Oktanyan Law Firm, APC, where no case is too big or small for us to handle, we could help you prove your workers’ compensation claim eligibility in Pasadena. As part of our commitment to getting you back to your life, we could help you secure the resources you need to protect your health and future.
Who Does Workers’ Compensation Cover?
If you suffered a workplace injury in Pasadena, you are likely able to file a workers’ comp claim. According to the California Department of Industrial Relations, all employers in the state must provide workers’ compensation insurance to their employees, except for independent contractors.
Some employers may try to classify workers as independent contractors to avoid covering them, but you probably are not one if your employer:
- Controls the details and manner of your work
- Sets your work schedule
- Pays you a salary or hourly wage
- Deducts unemployment or social security from your pay
- Supplies you with tools or materials
- Can terminate your employment
Our attorney could help you determine if you qualify for coverage. If your employer claims you are not covered when you should be, we could help fight to demonstrate your right to receive benefits.
Proving You Qualify for Workers’ Comp
Before you can file a workers’ comp claim in Pasadena, you must prove that your injury happened at work. You will need to support your case with evidence, such as medical records, eyewitness statements, and workplace accident reports. You must also show that your injury is severe enough to prevent you from performing your job.
Workers’ comp insurance is not fault-based, so you do not need to show that your employer or anyone else’s negligence caused your injury. However, if negligence contributed to your injury, you may have a claim against a liable third party.
Types of Recoverable Benefits
Workers’ compensation provides two primary types of benefits for qualifying claims in Pasadena.
Medical Benefits
Workers’ compensation insurance should cover medical expenses related to your work injury, including hospitalizations, surgeries, and physical therapy. If your injury requires emergency care, you are eligible to receive immediate treatment.
For non-emergency care, your employer’s insurer is required to authorize treatment within one working day of when you filed your claim. While insurance companies investigate claims, they must authorize up to $10,000 in necessary treatment.
Disability Benefits
If your injury prevents you from working, disability benefits provide compensation for a portion of your lost wages. These benefits can be temporary or permanent.
If you cannot do your job at all or must perform light-duty work and are expected to fully recover, you could receive temporary benefits while you heal. Our legal team frequently handles these types of general workers’ compensation claims.
If you will not fully recover, you could be eligible for permanent disability. These benefits are based on a rating that reflects how much your injury interferes with your ability to work.
Our law firm has a division that focuses on catastrophic workers’ compensation claims. These claims involve 100 percent disability ratings stemming from life-altering trauma, such as spinal cord and traumatic brain injuries. Our case results include numerous $100,000-plus workers’ comp settlements.
How Long Do You Have To File a Claim?
To protect your ability to receive workers’ compensation benefits in Pasadena, you should notify your employer of your injury as soon as possible. Failure to report it within 30 days of it happening could cause you to lose your right to recover benefits.
Call Our Pasadena Attorney To Determine Your Eligibility To File a Workers’ Comp Claim
If you sustained work-related injuries, our attorney at Oktanyan Law Firm, APC could help you prove your workers’ compensation claim eligibility in Pasadena. We exclusively represent workers’ comp cases, with separate divisions for general and catastrophic claims.
Whatever the extent of your injury, we could fight for the maximum benefits possible in your case. Contact us today for a free consultation.