WORK INJURY FAQS

Rely On Our Work Injury Experience 
For Guidance in Sacramento, CA

Dealing with a work injury can be stressful. You may be out of work and in fear of losing your income. However, you still must provide for yourself and your family. At the Law Office of Nicholas Sheedy, we understand you have a lot of questions you need answered because of this. Luckily, we have answers to some of the common questions below.

1) Do I qualify for workers compensation?

While this may seem like an easy question to answer, it can be a little difficult. First, your injury or illness must be work related. For example, a construction worker falling off a ladder while on the job site and hurting their back. According to California law, workers compensation covers injuries “arising out of and in the course of the employment” (Cal. Labor Code § 3600 (2020)). 

There are two types of injury to be aware of: repeated exposures at work and traumatic work event. Repeated exposure injuries at work are a result of a repeated exposure to something harmful. For example, a construction worker developing cancer after working with asbestos for years. Traumatic work events are caused from a single, traumatic event. This is like the previous example above of a construction worker falling off a ladder while on the job site.

2) How Long Do I Have to Report a Claim?

The time limit to file a workers compensation claim is 1 year. That is the legal statute of limitation in California for claims.

There are other timeframes to be aware of as well. The biggest one is to report any work injury to a supervisor or anyone in management within 30 days of the incident that caused the injury. You will also need to file an official workers’ compensation form, which your employer should give you, by filling out the employee section and returning it to your employer.

There are special conditions for determining the 30-day timeframe when dealing with a repeated exposure injury. For these types of claims, contact us today for a free consultation.

3) What Benefits Am I Eligible For?

When a work injury occurs, the following benefits are commonly available:

• Medical Costs
Any medical bills associated with your work injury. This can include doctor visits, rehabilitation services, medications, tests and more. 

• Temporary & Permanent Disability Benefits

If your injury prevents you from working, you may be entitled to temporary and permanent disability benefits. Temporary disability is financial compensation for work injuries that temporarily prevent you from doing your job. Permanent disability benefits are for injuries that you cannot recover from completely regardless of how many treatments you might receive. 

• Death Benefits

Dependents of a worker who was killed as a result of a work-related injury may be eligible for death benefits. This may include weekly financial payments as well as money for funeral costs.

4) Can I Use My Own Doctor?

This is only possible if you informed your employer of your primary care provider through the DWC Form-9783 prior to any work injury. Otherwise, your employer may choose the doctor you may see for treatment. 

5) What if my claim is denied or I disagree with my benefits?

A notice of appeal is a form in which you request the judge’s decision to be reviewed. If your claim is denied you can file a notice of appeal within 20 days of the decision date. Getting the assistance of an attorney is recommended because of the multiple components associated with it. Getting an attorney will ensure your form is filled out correctly and give you the best chance of a successful appeal.  

Contact Us for Your Work Injury Claims in Sacramento, CA

The Law Office of Nicholas Sheedy in Sacramento, CA is here to help you through your work injury claim. He has over 20 years of experience to provide you with trusted, professional services. Mr. Sheedy is also affiliated with the California Applicants’ Attorney Association, an association dedicated to helping workers who have suffered on-the-job injuries. Contact us today to schedule a free consultation.

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