All workers in Fresno County are entitled to no-fault workers comp coverage under California Labor Code § 3700. If you sustained a work injury, you have the right to seek workers’ comp benefits for medical care and wage replacement. Beyond that, your employer owes you certain basic duties after an accident. In this article, you will find an overview of five key duties that an employer owes to after a workplace accident in Fresno County, California.
- Provide You With the Right Workers’ Comp Form (Within 24 Hours)
As an employee who was hurt on the job, you have an affirmative duty to notify your employer of the accident in a timely manner. Should you fail to do so, you could be denied the opportunity to get your workers’ comp benefits. Once you report an accident, your employer’s duties come into play. Your employer must provide you with the right workers’ compensation claim within 24 hours of the time that you reported the accident.
- Forward the Completed Form to the Claims Administrator (Within 24 Hours of Receipt)
You need to fill out and return the completed copy of the workers’ compensation claim form. Once your employer gets your finished copy back, it is their responsibility to forward it over to their workers’ comp claims administrator without undue delay. As a general rule, your employer should forward the claim for within 24 hours.
California law holds that injured workers are entitled to up to $10,000 in medical coverage before their workers’ comp claim is actually fully processed. In other words, your employer must approve the initial $10,000 in workers’ comp medical coverage on a preliminary basis.
In California, light duty work is an alternative assignment that allows people to continue working while they recover from an injury. If appropriate given your medical conditions and the available positions at the company, your employer may need to provide you with a light duty assignment.
You have the right to report a work injury and file for workers’ comp benefits in California without the fear that you are going to be punished for doing so. Your employer is strictly barred from taking any adverse action against you because you were hurt on the job and/or filed for workers’ comp benefits. If you were retaliated against for bringing a workers’ comp claim, your rights were violated. Call a Fresno workers’ comp retaliation attorney right away.
Do you have any questions about the steps to take after a work injury? We are here to help. As a top-rated California workers’ comp lawyer. Joseph C. Yrulegui has clients navigate the claims process. Contact us today to get immediate help with your case. Mr. Yrulegui provides workers’ comp representation throughout Fresno County, including in Fresno, Clovis, and Sanger.