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Can your employer stop you from filing a workplace injury claim?

On Behalf of | May 4, 2021 | Work-related Injury |

If you get hurt while you’re working, one of the first things you need to do is to report that injury to your employer. Your employer then has only a short amount of time to report your claim to the workers’ compensation insurance provider.

After your work injury occurs, your employer has only 24 hours (one working day) to provide you with a workers’ compensation claim form. They should also give you a copy of the completed form within one working day.

This claim has to be forwarded to the claims administrator within one day, and then up to $10,000 of medical expenses must be authorized immediately.

What happens if your employer doesn’t want to take the report?

If your employer fails to take the report or refuses to allow you to make a claim, it’s important to talk to your attorney. Normally, this doesn’t happen. Instead, an employer may argue that the claim shouldn’t be approved, which could impact your case and lead to the claim being denied. If your medical treatment coverage is denied, you are able to ask for an expedited hearing in front of a workers’ compensation administrative law judge in California.

Is your employer allowed to take part of your paycheck to pay for your insurance?

No. If your employer is attempting to take part of your pay to cover your insurance, let your attorney know. Workers’ compensation is a business expense that your employer is responsible for paying out of their own pocket. Employees are not forced to cover any portion of that coverage.

How can an attorney help if my claim isn’t accepted?

If your employer has failed to make a claim on your behalf or if you find that your claim isn’t being approved quickly enough, you should talk to your attorney to find out what the problem is. Your attorney may be able to help spur others into action or get a better idea of why the claim isn’t moving forward as fast as it should be. They’re on your side to help, so they’ll get to the bottom of the issue.

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