Most common questions used to investigate
Did you incur an injury during the course of your official work? In other words, is the injury work related?
Is it an emergency situation?
Did you inform your employer of the injury within 30 days of you sustaining the injury?
Did you file an actual claim with your employer?
Did you file an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB)?
Did you file within one year after the date of your injury?
Common conclusions
Unfortunately, you are not entitled to Workers’ Compensation Benefits.
You are entitled to Workers’ Compensation Benefits. Emergency situations require immediate attention and your employer should be able to give you the right medical attention for work-related injury.|
Unfortunately, you may no longer be entitled to Workers’ Compensation Benefits. You could lose your right to workers’ compensation benefits if you don’t give your employer written notice within 30 days after the date of the injury.
Unfortunately, you may no longer be entitled to Workers’ Compensation Benefits. While your employer is required to file a claim with the insurance company after being notified of your injury, the process begins on the day you file an actual claim with your employer. Failure to file an actual claim without an explanation is a lapse that may mean you are no longer entitled to benefits.
Your entitlement to Workers’ Compensation Benefits is limited. If you have any disagreements with the employer or the insurance agent, or if there are changes in your medical condition, your failure to file with the WCAB may be construed against you. Even if you filed a claim with your employer, you may not be able to resolve any disputes unless you also opened a case with the WCAB by filing an Application for Adjudication of Claim.
You are entitled to Workers’ Compensation Benefits. Even if your employer is already paying for your medical expenses, filing with the WCAB within one year from the time of the injury is a requirement in case you have “new and further” disability caused by the work-related injury.
You are still entitled to Workers’ Compensation Benefits. However, “new and further” disability caused by work-related injury or any change in your medical condition may no longer be considered as the responsibility of the employer and may therefore not be covered by the employer.
References
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