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2 factors that can obstruct a worker’s compensation claim

On Behalf of | Apr 30, 2024 | Workers' Compensation

Workers who are injured on the job or contract a work-related illness in California are entitled to workers’ compensation benefits. These benefits are designed to help with medical bills, lost wages and other costs associated with the injury or illness. 

With that being said, workers’ compensation claims can be nuanced. Here are some obstacles that employees in California could face. 

1. Lack of witnesses 

While you do not need to prove employer negligence in a workers’ compensation claim, you do need to show that the injuries or illness are work-related. Your colleagues can help with this. They can either testify that they witnessed the accident or that you were exposed to certain hazards that negatively impacted your health. 

Without witnesses, it can be difficult to prove that an accident happened at work, but it isn’t impossible. If your workplace is covered by CCTV and you know the dates and times that the incident occurred, then this can be produced as evidence. 

2. Administrative issues 

There are several administrative steps to take when filing a workers’ compensation claim in California. Firstly, an official report of the incident should be made to the employer within 30 days. Furthermore, a worker has only one year from the date of the incident or diagnosis of the work-related illness to file a claim. 

These steps not only require a proactive approach from the employee, but they generally require cooperation between employee, employer, insurance companies and medical staff. An administrative issue can hold up the process of obtaining benefits or derail it all together.

To ensure you get the workers’ compensation benefits you deserve, it is in your best interests to seek legal guidance as soon as you know about the work-related injury or illness. 

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