Paso Robles, CA asked in Workers' Compensation for California

Q: If an injured worker files a claim and the others insurance accepted the case, shouldnt there be benefits issued immedia

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, when an injured worker files a workers' compensation claim and the employer's insurance company accepts the case, benefits should generally be provided promptly. However, the specific timing of when benefits are issued may vary depending on the circumstances of the case and the type of benefits being sought.

1. Medical treatment: Once the claim is accepted, the employer's insurance company is responsible for providing necessary medical treatment related to the work injury. This should be provided immediately, and the injured worker should not have to wait for treatment.

2. Temporary disability benefits: If the injured worker is unable to work due to the injury, they may be entitled to temporary disability benefits. These benefits are typically paid every two weeks, with the first payment due within 14 days after the employer is notified of the injury and the worker's temporary disability status.

3. Permanent disability benefits: If the injury results in a permanent disability, the worker may be entitled to permanent disability benefits. The timing of these benefits depends on when the worker's condition becomes permanent and stationary, as determined by a medical professional.

4. Supplemental job displacement benefits: If the injury occurred on or after January 1, 2004, and the worker is unable to return to work for the employer, they may be eligible for supplemental job displacement benefits. These benefits are typically provided in the form of a voucher for education or training and are issued after the worker's condition becomes permanent and stationary.

If there is a delay in receiving benefits or if the insurance company denies the claim, the injured worker may need to take action, such as requesting a hearing before the Workers' Compensation Appeals Board or consulting with a qualified workers' compensation attorney.

It is important to note that the specific requirements and timelines for workers' compensation benefits in California can be complex, and it is advisable to consult with a knowledgeable attorney to ensure that the injured worker's rights are protected.

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