California Worker's Compensation
Workplace Injuries are common and can have lifelong consequences. It is important to take the correct steps when an injury occurs. Your employer will not have your best interest in mind, and if you take the wrong steps, you could end up injurer, unemployable, and uncompensated.
Worker's Compensation Claims are handled by the California Worker's Compensation Appeals Board. The rules and procedures are different than those of the Civil or Criminal Court System. Your employer will be represented by an insurance company and attorneys. If you are self-represented they can mow you over leading to a claim denial or a low settlement amount. Even with the attorney's fees, represented parties usually get a better final outcome.
When you are injured at work, you should report the injury to your employer. They should have you fill out a Claim Form, but this does not always happen. You employer should also send you to a doctor to be examined and treated for your injuries. Many employers do not follow proper procedures, try to deny an injured worker treatment, or even fire an injured employee who speaks up. You have one year to file your claim from the time of your injury. It is never a good idea to delay treatment or delay filing your claim.
Injuries come in all shapes and sizes. Injuries can happen at once, or over time. Broken bones, head and back injuries, joint damage, and even COVID-19 infections can all be the basis of a claim. If you are not sure if your injury is covered, you may still want to report it to your employer. It may also be a good idea to contact an attorney to review your claim and assist in the filing and prosecution of your claim. Call the Law Office of Mike Chappars for a free consultation to see if we can help you deal with your workplace injury.
Subsequent Injuries Benefits Trust Fund
The Subsequent Injuries Benefits Trust Fund (SIBTF) is a source of additional compensation to injured workers who already had a disability or impairment at the time of injury. For benefits to be paid from the SIBTF, the combined effect of the injury and the previous disability or impairment must result in a permanent disability of at least 70 percent. The fund enables employers to hire disabled workers without fear of being held liable for the effects of previous disabilities or impairments. SIBTF benefit checks are issued to injured workers by the SIBTF Claims Unit after benefits are awarded by the Workers’ Compensation Appeals Board.
If you have already received Worker's Compensation Benefits, you may qualify for SIBTF payments. Contact us and we can assess your situation to see if you might qualify for SIBTF payments.