California injury laws as in other states covers claims for professional and medical malpractice, slip and fall injuries, hazardous materials, international torts such as assault and battery, product liability, car accidents and more. Accident and injury laws may vary from state to state and can have its own limitations and regulations for claiming the accident. California is most employment friendly state and workers here are protected with “workers compensation insurance” which covers employment related injuries and illness related to the cause. Whether it’s an injured neck from fall or hurt shoulder from repetitive motion, one should know about the work related injury in California and benefits, and requirements for filing workers compensation claim.
Deadlines for Claiming Injury
If you are a person working somewhere and you fell in the premises, you need to file a slip and fall claim against your employer. You must give a notice related to the injury within 30 days to the employer. Employer must provide claim form to the employee within a day of receiving the notice. The employee will have one year to file the claim.
What Should Be Done after Injury?
If an employee is injured, he must seek emergency medical attention or go to an approved medical service provider or physician and let them know about the injury or illness. Additionally, you must give written notice of injury to your employer within 30 days. Employer must send the claim form within one day upon receiving the complaint from employee. Employee has one year time to submit claim form back to the employer.
What Happens After Filing the Claim?
After filing the claim, employer must authorize appropriate medical treatment and that should be done within a day of receiving the claim form. The medical benefits up to $10,000 are given to the employee with the approval of insurance company. If claim is not denied within 90 days by insurance company, the injury is assumed to be covered.
What Should Be Done If the Claim Is Denied?
If the claim is denied, the employee has the right to file a case. Employee can file an application for “Adjucation of Claim” with required documents and give notice to the other parties and file a “Declaration of Readiness” to proceed. Case will be scheduled for a mandatory settlement conference and if the case is not settled there, you will have to prepare documents describing the dispute, identifying how to present a trial and offer the names of witnesses who will testify. Employee can seek the help of an attorney for preparing documents and filing it on time and for representing himself in front of the administrative law judge.