Am I Eligible?
Am I Eligible for Workers' Compensation?
The Law Offices of Craig Dykman has the best workers’ compensation attorneys in Marin County. We represent eligible clients to ensure they can collect Workers’ Compensation insurance.
California employers are required to have Workers’ Compensation Insurance for their employees. People employed in the United States who injure themselves on the job or suffer an employment related illness can be eligible to collect Workers’ Compensation Insurance. If you are a dependent of a family member who dies because of a job-related illness or accident, you may also be eligible for Workers’ Compensation. Those eligible receive compensation for lost work and medical bills. If you become sick, injured or a loved one has died on the job tell your employer immediately.
Workers' Compensation Eligibility Requirements
Below are 4 basic eligibility requirements for workers’ compensation benefits:
The person or company you were working for must carry Workers' Compensation insurance or be legally required to do so.
You must be an employee of that person or company.
Your injury or illness must be work-related.
You must report the injury or illness promptly – within 30 days of incident.
Special rules can apply for domestic workers, agricultural and farm workers, leased or loaned workers, casual or seasonal workers, and undocumented workers.
Employers Must Carry Workers’ Compensation Insurance
Not all employers are required to have workers comp. An employers responsibility to provide coverage depends on the number of employees, what type of business and what type of work the employees are doing. Typically, employers must provide coverage either by purchasing insurance or by self-insuring.
You Must Be an Employee
When it comes to workers compensation eligibility, not all workers are employees. For example, independent contractors are not considered employees and are not entitled to workers compensation. Many employers misclassify some workers as independent contractors when legally they are employees. If you have been denied benefits due to being classified as an independent contractor you should contact a workers’ compensation attorney.
Your Injury or Illness Must Be Work Related
If your injury or illness is work related, it is most likely covered by workers’ compensation. If you were doing anything for the benefit of your employer, which injured you or caused you to become sick, it could be considered work-related.
You Must Report the Injury or Illness Promptly
It is important you report the injury or illness to your employer as soon as possible. If you do not report the injury or illness within 30 days, you may not be eligible for benefits. If you are injured or become sick because of work, report the injury or illness to your employer immediately.
Workers’ Compensation Benefits
If you are eligible for workers’ compensation, you are entitled to benefits. There are a number of workers’ compensation insurance benefits under the Federal Employee Compensation Act. They are as follows:
Medical expenses
Two-thirds of normal salary
Job retraining
Compensation for survivors of an employee who died on the job
If the disability is permanent or you have dependents, you could receive more than two-thirds of your salary. In addition, you may not be able to litigate other damages, as California law limits your employer’s liability if you collect workers’ compensation insurance.
Workers’ Compensation Attorneys in Marin County
The Law Offices of Craig Dykman provide the best legal representation for our Bay Area clients eligible for workers’ compensation. We have over 25 years of experience as workers’ compensation attorneys. If you have become injured, sick or a loved one has died on the job, please contact us as soon as possible. We will be your advocate and ensure you receive the compensation you deserve.
Give us a call today at (415) 454-8545
Workers Compensation Lawyer
Guidelines
Marin County Workers' Compensation Guidelines
If you are hurt on the job, it doesn't matter if you have worked there for 6 months or 16 years, you are entitled to file for a workers’ compensation claim.
The guidelines which apply:
Were you at work when it happened?
Was the injury cumulative (due to a repetitive task)?
Were you 'on the clock' when the injury happened?
People often think if they get hurt outside of work it automatically disqualifies them for workers’ comp. This is not necessarily true. If you are on your lunch break and your manager has asked you to run an errand, you are considered “on the clock” for that time frame of completing the task and therefore it would be work related.
Workers' Compensation and Personal Injury
If you were injured by a third party while at work, you can file a separate personal injury claim against that person to collect damages.
Examples of Workers’ Compensation with personal injury cases:
A correctional officer gets into a fight with an inmate and becomes injured, they could file a workers’ compensation claim against the employer, and a personal injury action against the inmate.
A police officer has a driver pulled over and is in the process of giving them a ticket, when they are hit by another driver on the road. You could file a workers’ comp claim against the employer and a personal injury action against the driver.
If you were injured by a third party The Law Offices of Craig Dykman can help.
We hope you find these workers' compensation guidelines helpful. Contact us if you need help with your workers' compensation claim.
Call The Law Offices of Craig Dykman today at (415) 454-8545 or craig@dykmanlaw.com
Workers Comp FAQ
Q. I received a notice of a hearing, do I need to go?
A. 9 out of 10 times the answer is no. You do not need to attend the hearing and your attorney will go on your behalf. If your attorney needs you to go, they will let you know. If you receive a notice of trial you will need to attend.
Q. My prescription has been denied what can I do?
A. First, let me start by stating a few reasons why it could have been denied. 1: Your prescription quantity or dosage, may have changed. This will throw up a red flag to be denied. 2: Your adjuster could be on vacation and the person filling in is not aware of your particular case.
3: The doctor in the utilization review department of the insurance company had some questions for your doctor and was not able to get those questions answered in a timely manner, they will deny the prescription.
4: The insurance company may feel the requested prescription (i.e. physical therapy, brace) will not heal you, only “help” you, they will deny it.
You will need to have your doctor call to explain what the medication is for and why it’s needed. This has to be done within 10 days of the denial so do not delay calling your doctor.
Q. What if I am not “permanent and stationary” and the insurance company has cut off my paychecks how do I pay my bills?
A. You should contact your local Social Security office and apply for State Disability.
If you have more workers' compensation questions, please contact us at (415) 454-8545 or craig@dykmanlaw.com
