What You Should Know About Workers’ Compensation
- Sep 30 2018
On the job injuries are far too common in California. While most people have heard of workers’ compensation, many people do not understand how it works or what it can do for them. If you are considering filing for a Workers’ Compensation case in California because of a work-related injury, there are several things you will want to think about and discuss with a skilled workers’ compensation attorney, like our talented attorneys at J&Y Law.
If You Truly Are Able to Go Back to Work, You Should.
If going back to work will not further aggravate your injury, or if you are emotionally able to continue working, you should. While a workers’ compensation settlement can help you pay the bills for a little while, it does not make up for a lost job. Further, if you are declared “temporary totally disabled” by a physician, your temporary disability payments will be paid at two thirds of your average weekly rate. More importantly, those payments will not last forever, and are capped at 104 weeks. Do not run the risk of being unemployed, unable to work because you are still recovering, need additional treatment, and receiving only a small amount of money in disability payments each week!
Even if you cannot return to your old job, if you are able to find another job that can help you mitigate your future financial risk. There is a common misconception that returning to work will negatively impact your workers’ compensation case, and this is simply not true. If you truly cannot work at all, you may want to consider filing for Social Security Disability benefits.
Keep Meticulous Written Records.
Workers’ compensation lawsuits are complicated, and opposing counsel will pounce on any opportunity to deny you those benefits. Because of this, it is incredibly important that you keep detailed written records of any compensation payment you receive, including the date you received the payment, the period if covered, and the amount of the payment. If you can, also keep the check stub. Further, you will also want to keep a record of the treatment you receive for your injury, including the days you received treatment, the kind of treatment you received, and how much pain you experience throughout your treatment.
Communicate With Your Attorney.
If you decide to pursue a personal injury lawsuit, your most important ally and greatest protector in that process is your attorney. You should always communicate important developments to attorneys, such as your doctor releasing you to work, any questions your employer asks you about your injury or health, or any issues you are experiencing with treatment such as excruciating pain or treatment being ineffective. All of this is important information which can help support your workers’ compensation claim, and which a skilled workers’ compensation attorney will use to build a strong argument for you.
Filing for Workers’ Compensation?
While some jobs carry certain risks, that does not mean you deserve to be hurt. Getting hurt on the job is never part of your job, and if you are hurt you deserve compensation for your suffering. The skilled workers’ compensation attorneys at J&Y Law have extensive experience representing injured workers in court, and will fight for you. Contact us today to discuss your options.