August 31, 2022 Posted In Work-related injury
If you are injured on the job in San Bernardino, you are generally entitled to compensation under California law. However, there are several steps to the process and not fulfilling any of these steps could leave you out of luck in terms of getting compensation for your injury or illness. Here we have put together a guide to filing a worker’s compensation claim in San Bernardino and some things you should know before, during, and after filing your claim.
Here is some specific information to keep in mind before you attempt to file your workers compensation claim
Before you can even attempt to file a worker’s compensation claim for your on the job injury, you have to make sure you are actually eligible to file a claim in the first place. In California most, but not all employers are required to carry worker’s compensation insurance. The first step to making sure you are eligible is making sure your employer actually carries the insurance.
Second, you must be able to verify that you are an employee hired by the employer who carries the insurance. If you are an independent contractor or a member of a third party, then your options will be different.
Third, you must prove that your injury or illness is in fact work related. This is not typically difficult to do if the accident happened on the job site or while working for your employer.
Lastly, you must meet all state deadlines for filing your claim with your employer’s insurance. There are strict deadlines for each phase of the process, and missing one could mean you are out of luck.
From the moment your accident happens, you are under a tight deadline to file your claim and gather all the necessary documentation, report the accident and follow up with the worker’s compensation board. Failing to do any of these steps within the time limit can leave your claim denied.
Depending on the nature of your accident, you may be eligible to file a personal injury claim instead of just worker’s compensation. If the accident was due to gross negligence, malicious intent, or the fault of a third party, then you may be able to sue them for damages as well.
There are 3 steps to filing a worker’s compensation claim in San Bernardino.
This is the first and most important step. Immediately after the accident you should report it to your employer or supervisor and then contact the worker’s compensation board to report the claim to them. Like we mentioned there is a time limit involved with each step, so do so as soon as possible.
This includes reporting the accident itself as well as the injuries you sustained as a result. You should seek medical attention from a doctor or ER to help verify your injuries when reporting the accident.
The next step after reporting the accident is to file your claim with your employer. Your employer should give you the information you need to contact the insurer and put in for the claim. You will likely have to wait for a response before the insurance starts paying out.
Because workplace injuries can be long lasting, even if you start receiving compensation for medical bills and lost wages, you may end up in a dispute with the insurance company if they stop paying and you are still injured. The only way to resolve these disputes and continue getting compensation is to have already filed for adjudication with the worker’s compensation appeals board. Without filing for adjudication, you could be left without compensation when you need it most. By following these steps you can drastically improve your chances of getting the compensation you deserve after a workplace injury.