The Law Office of Alice A. Strombom stands up for the rights of workers in Folsom. Even though you have the right to a safe workplace, injuries and accidents can still happen. When they do, you have access to workers’ compensation benefits. But this process can be confusing and challenging. My firm will be there to help you. Contact us today for a free consultation.

Why Would You Need a Workers’ Compensation Lawyer?

Workers’ compensation in Folsom generally comes into play in two main ways. First, if you’re injured in a workplace accident, your employer is legally required to have workers’ compensation insurance. Problems can come up if your employer either doesn’t have this coverage–or more likely–retaliates against you for using it. Additionally, if your accident was caused by someone else’s negligence, it can lead to more complicated legal situations.

At that point, you should definitely think about your legal options. Our team can help you by:

• Explaining your rights and options under the law
• Determining the cause of the accident and who is responsible
• Helping you collect evidence and file your workers’ compensation claim
• Negotiating with your employer and insurance companies for a fair settlement

Getting injured always makes life more challenging, whether you have health insurance or workers’ compensation to help cover your losses. Our goal is to make the process easier for you while you focus on getting back to work.

What Do You Need to Do After a Workplace Injury?

In any situation where you’re hurt at work, there’s a general process that plays out. It starts with getting medical care to take care of your injuries, then progresses into an actual workers’ compensation claim. But remember, every situation is different, so the following steps might not apply totally to your situation. At the same time, these general steps are going to help you form the foundation of your claim. Here’s what you need to do:

• Get medical help – Your first priority should be getting medical help. Call 911 or visit a hospital or urgent care right away. Also, get first aid until help arrives.
  
  
  
• Report the accident – Tell your supervisor or employer about your injuries as soon as possible. In California, you must report workplace injuries within 30 days.
  
  
  
• File for workers’ compensation – Most job-related injuries are covered. Ask HR or your boss for the necessary form, fill it out, and return it to your employer. Keep a copy for your records.
  
  
  
• Investigation – The insurance company will review your claim, which could include looking at medical records and speaking with you and any witnesses.
  
  
  
• Medical examination – You’ll likely need to see a doctor chosen by the insurance company (known as a QME) for an evaluation. You can also see your own doctor for another opinion.
  
  
  
• Disability decision – The insurance company will determine if your claim is approved and outline the benefits you can get.
  
  
• Mediation or hearings – If there are disputes over your claim, you might need to go through negotiation, mediation, or a hearing to resolve them.
  
  
• Returning to work – If possible, your employer might offer you a job that suits your medical limitations. If your old job isn’t an option, you could get support for retraining and finding new work.

Every case is unique–some workers recover quickly, while you might need more time for your injuries. Following these steps helps protect your rights and keeps your options open.

What Benefits Can You Get in a Workers’ Compensation Claim?

The main question many of our clients have revolves around what exactly they get out of a workers’ comp claim. Most workers are at least aware of workers’ comp, but they seldom fully grasp what benefits are actually available to them when they file a claim. Generally speaking, a workers’ comp claim after a workplace injury operates a lot like a regular insurance claim in a car accident or similar situation, where you file a claim and the insurance company provides financial support based on their investigation.

Usually, you can receive the following benefits:

• Medical expenses – This includes all doctor visits, treatments, and medications related to your injury or illness.
  
  
• Temporary disability benefits (TD) – If you’re unable to work for a period due to the accident, you may receive partial wage replacement.
  
  
• Permanent disability (PD) – If your injuries or illness leads to permanent damage, you could receive benefits based on how it impacts your ability to work long-term.
  
  
• Job retraining – If you can’t return to your previous job, workers’ comp may help with training for a different role.

Workers’ compensation is available without needing to prove your employer was at fault. However, in serious cases, these benefits might not cover all your needs. In California, workers’ comp benefits run out after 104 weeks, so if your injuries or illness is serious, these benefits will help but they won’t meet all your needs.

In such situations, you might have the option to file a lawsuit against your employer or other parties responsible for your injuries. This legal action can help you secure additional financial support (known as “damages”) for lost income, pain and suffering, and medical costs. You have to file this within two years of the date of the accident, though.

Why Would You Need to File a Workers’ Compensation Claim?

No matter what your job is, accidents and injuries can happen. While some jobs and work environments are inherently more dangerous than others–think factory workers versus office workers–workers’ comp is available to everyone in California. Even if you think you won’t need it, there’s any number of potential reasons why you would. Most of the time, it involves things like:

• Slip and falls – Hazards like wet floors, uneven surfaces, or poor lighting can lead to slip, trip, or fall injuries. These accidents can happen in many workplaces, from offices to warehouses.
  
  
• Repetitive strain injuries (RSIs) – Jobs that involve repeated motions, like typing, lifting, or assembling, can lead to strain injuries. These are common in office roles or positions with repetitive tasks.
  
  
• Construction accidents – Working in construction comes with risks like falls, equipment failures, or collapses on active job sites.
  
  
• Machinery accidents – Jobs in factories or plants where heavy machinery is used come with risks of injury from equipment malfunctions, inadequate training, or missing safety measures.
  
  
• Vehicle accidents – If driving is part of your job, whether for deliveries or business travel, there’s always a chance of being involved in a car or truck accident.
  
  
• Exposure – Jobs that involve handling chemicals or hazardous materials carry the risk of exposure from spills, leaks, or improper handling.
  
  
• Fire accidents – Construction, maintenance, and industrial work can involve electrical shocks or burns. Restaurant jobs may also pose risks of burns or smoke inhalation.

The main point of workers’ comp is that it helps shield you from the financial consequences that can come up because of your injuries. But remember, you still have to make your way through the claims process. Having our team by your side can make this process much easier–and can ensure you get the benefits you need to get better.

Frequently Asked Questions

What happens if I get fired while I’m on workers’ comp?

Filing a workers’ comp claim protects you from being fired–in most situations. At that point, you might be able to file a wrongful termination lawsuit against your employer for damages.

Do I have to get hurt at work to be eligible for workers’ comp?

Usually, no. Workers’ comp covers accidents and injuries that happen at work while you’re on the job. However, in some rare cases, if you’re injured on work property while off the clock, you might still qualify for workers’ comp.

How long do I have to file a workers’ comp claim?

You have one year from the date of your injury to file your workers’ comp claim. However, the sooner you file your claim, the sooner you can get benefits.

Free Consultations For Injured Folsom Workers

Every job has its risks, but if negligence is involved, it can make a bad situation worse. If you’ve been injured at work in Folsom, the Law Office of Alice A. Strombom is here to support you. Our skilled workers’ compensation team can guide you through the claims process and help you get the recovery you deserve. Contact us today for a free consultation.