Were you hurt while on the job in Fresno? If so, it is crucial that you know how to navigate the process so that you can protect your health, mental well-being, and your financial interests. A workers’ comp claim can be complicated. Here, our Fresno workers’ comp attorney explains seven things that you should understand about workers’ compensation claims in California.
- Reasonable and Neck Care Medical Covered Even if You Do Not Miss Time at Worker
In California, workers’ comp insurance coverage applies to all reasonable and necessary medical care. Within one day of receiving a claim, an employer/insurer/administrator in California is required to pre-authorize up to $10,000 in medical benefits. You do not have to miss any time on the job to be eligible to get medical coverage through workers comp.
- Part-Time Workers and Temporary Workers are Generally Covered by Workers’ Comp
It is a common misconception that you need to be a full-time worker to get workers’ comp coverage. In California, employers are generally required to provide workers’ comp to both part-time employees and temporary workers.
- Non-Citizens and Undocumented Immigrants Can Still Qualify
Immigration status is not a factor in a California workers’ comp claim. You do not need to be a U.S. citizen to file for benefits. In fact, undocumented immigrants hurt on the job in California have the right to file for and receive workers’ comp benefits.
- You Do Not Need to Prove Fault to Get Workers’ Compensation Benefits
Under state law (California Labor Code § 3700), workers’ comp is no-fault coverage. You can get benefits regardless of whether or not your employer did something wrong. It is not a personal injury claim and you do not need to prove fault.
- A Claim Can be Filed for “Off-Premises” Accidents and Injuries
You have to be “at work” to get workers’ comp benefits for an injury. However, you do not need to be on an employer’s actual premises. As long as you are working in the furtherance of your employer’s interests, you can apply for benefits.
- It is Illegal for Your Employer to Try to Get You Not to File for Benefits
Sadly, an employer may try to get you not to file a claim. This is strictly illegal in California. An employer cannot fire you, punish you, or put any other pressure on you to get you not to file for benefits.
- You Can Challenge a Denial—A Lawyer Will Help
Workers’ comp denials happen. Employers and insurers are not authorized to make the final call on your benefits. You have the right to appeal a denial—but you need to act quickly. An experienced Fresno workers’ comp lawyer will help you prepare and present a strong appeal.
Consult With Our Fresno, CA Workers’ Comp Attorney Today
Joseph C. Yrulegui is a highly regarded California workers’ compensation attorney. If you or someone you know was hurt on the job, please do not hesitate to contact us today to set up your completely confidential, no obligation case review. We advocate for injured workers all over Fresno County, including in Fresno, Reedley, Clovis, Mendota, Orange Cove, Firebaugh, and Fig Garden.
