How an Accident Attorney in Sacramento, CA Helps with a Workers’ Compensation Case

by | May 23, 2016 | Legal Exclusive

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In California, employers follow strict laws that require adequate insurance coverage for worker-related injuries. The laws state that the employer must purchase workers’ compensation coverage for these workers. A worker is defined as anyone performing work duties for the employer. This includes family members hired as part-time or full-time employees. An accident attorney in Sacramento, CA enforces these legal requirements by helping employees file a formal claim.

The Steps of the Original Claim

The original claim begins when the worker seeks medical assistance. Their employer provides an insurance claim to give to the doctor, who then submits the report to the insurance provider. A claim’s adjuster reviews the claim and renders a decision. Workers who are approved have coverage for their medical expenses as well as monetary benefits. These benefits are sixty percent of their wages roughly.

Were the Deadlines Met?

A denial of benefits could be based on a failure to meet deadlines. The first of these deadlines is associated with the doctor. The doctor has ten days to submit the injury report to the insurer. The attorney should identify the date in which the report was submitted.

Additionally, the employee must report the injury within the first thirty days. A failure to report the injuries to their employer could forfeit their right to benefits. However, an employer that refuses to accommodate the medical requirements for the injury through insurance coverage is liable.

Identifying an Eligible Condition

Eligibility is defined by circumstances. The worker must have been performing job duties at the time of the injury. They must have followed safety guidelines and policies required by their company, as well as alcohol and controlled substances policies. These circumstances could forfeit the worker’s right to coverage.

In California, workers who were injured on the job have up to five years to file a lawsuit. Their employer is the defendant in these lawsuits. They must provide a claim that deems the employer responsible for their injuries due to safety violations. Non-compliance with OSHA requirements could define liability. Workers who need to hire an accident attorney in Sacramento, CA should contact Sevey Donahue & Talcott for more information now.