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What to Do if You’re Injured at Work
What Should I Do If I’ve Been Injured at Work?
If you’ve been injured on the job, navigating the aftermath can be tricky. In California, the Division of Workers’ Compensation oversees the administration of workers’ comp claims and provides services to resolve disputes related to those claims.
Understanding Workers’ Compensation Benefits
Workers’ compensation benefits are designed to cover your medical treatment, replace some of your lost wages while you recover, and help you return to work. If you’ve been hurt at work, here’s what you should do:
Report the Injury or Illness: Notify your supervisor immediately. This is crucial for initiating your workers’ comp claim.
Seek Emergency Treatment If Needed: In an emergency, get medical help right away by calling 911 or heading to the ER. Be sure to inform the medical staff that the injury is work-related.
File a Workers’ Comp Claim: Once you file a claim, your employer is required to provide you with the necessary medical care.
In an ideal world, this process would be straightforward. But in reality, complications can arise.
Issues with Workers’ Compensation Claims
A major issue with workers’ compensation is that you may need a workers’ comp lawyer. These lawyers aim to maximize your benefits, but sometimes their strategies can backfire. For example, you might be advised to claim that you are temporarily, totally disabled (TTD), even if that’s not entirely accurate. This can make it appear as though you’re exaggerating your condition, which could complicate any future claims related to disability discrimination or failure to accommodate.
If you’ve been injured at work, California law recognizes that you might have developed a disability. A disability under state law is defined as any condition that interferes with a major life activity, including working. Your employer is legally obligated to engage in an interactive process with you to figure out reasonable accommodations that would allow you to continue working. However, if you claim to be TTD, you’re essentially stating that you cannot perform any job functions, even with accommodations.
Another common issue is that employers often outsource workers’ compensation claims to insurance administrators, who may use unethical tactics to minimize payouts.
A Real-Life Example of Workers' Compensation Issues
Consider the case of Mr. Braulio Ruvalcaba, a night custodian for the Santa Cruz City School District. After a workplace injury, the District's workers’ comp administrator, Keenan & Associates, allegedly manipulated medical reports and misrepresented Mr. Ruvalcaba’s condition to the District, leading to his termination. This is a typical strategy to pressure injured workers into accepting a Compromise and Release (C&R) settlement, which often involves giving up future rights for a lump-sum payment.
Fortunately, justice prevailed when a Santa Cruz jury awarded Mr. Ruvalcaba nearly $35 million in damages, including $27.6 million in punitive damages against Keenan.
The Importance of Focused Legal Help
If you’ve been hurt at work, it’s crucial to consult attorneys who understand workers’ compensation and how it might affect employment law claims.
Remember, there are strict deadlines for filing these types of cases. Missing these deadlines can result in losing your rights, so don’t delay.