The WCIRB released a 2018 and 2019 Changes Quick Reference guide, here are some notable changes from their excerpt:
Effective January 1, 2018
Part 1, Section I, Rule 3, Effective Dates, and Part 2, Section II, Rule 2, Continuing Form Policy or Fixed-Term Policy Written in Excess of One Year and Sixteen Days, were amended to state that amendments to the Uniform Statistical Reporting Plan are applicable to a policy as of the policy’s effective date.
Part 2, Section I, General Instructions, and Section III, Additional Electronic Reporting Requirements, were amended for consistency with changes to Title 10, California Codes of Regulations, Chapter 5, Subchapter 2, Policy Forms and Other Documents, Sections 2250 et seq., related to ancillary agreements.
Part 2, Section III, Additional Electronic Reporting Requirements, Rule 1, Policy Record Reporting, and Part 4, Section II, Definitions, and Section IV, Exposure Information, were amended to facilitate the reporting of specified data related to terrorism.
In addition to the eliminated and new classifications noted above, amendments were made to implement changes to the Standard Exceptions Rule and Standard Exceptions classifications, including:
Part 4, Unit Statistical Report Filing Requirements, Section II, Definitions, was amended to add the definition of Net Incurred Losses for consistency with other proposed changes to the California Workers’ Compensation Experience Rating Plan—1995.
There are several reasons why you should always report your injury if it occurs on your job site.. One of the biggest reasons pertaining to California Workers Compensation is your ability to ensure your rights. If you never report your injury to your employer you can lose many medical benefits and other work benefits to compensate you while you are unable to work. This is crucial to your health and workers comp case to report your injury as soon as it happens. Even if you wait a day or a week later you should still report it.
Among other reasons for reporting...
1. Your injury can resurface later.
Sometimes we suffer a slip and fall and we get up right away just walking it off. These types of injuries should always be reported regardless of how you feel right after the injury. The problems we face with our human bodies can lead to internal trauma. So even though you fell and dont feel any pain, you may feel pain in other areas because of that fall for example you may develop back pain or other issues associated with your injury that you may not notice right away. Its important to get treatment for these injuries and if you are employed you shouldnt be paying these expenses out of pocket, your employer should pay them.
2. It can affect your job ability.
If you get injured at work and dont report it, you may not be able to function at the same capacity you did prior to injury. Once reported you boss can modify your duties to make sure you dont continuously injure yourself or worsen the condition. Its important for employers to see what type of injuries you have suffered so that your doctor can modify your work duties so that you dont keep getting hurt.
3. Legally notifying your employer is the only way they can help you.
If you dont notify your employer of your injuries, they are never afforded the opportunity to send you to a doctor and pay your medical expenses. There is no way for your employer to help you if you dont notify them. Legally you should always report your injury so that they can do there best to get you proper medical treatment from their insurance company.
To recap a few things, always report your injury to your employer, give them an opportunity to help you, if they dont help you or modify your work duties talk to an attorney right away.
California Law Associates has been helping orange county employees for the last 25 years in their workers compensation claims, if you have a question or need an attorney dial 714-542-3377 or visit www.attorney4u.us
1. Always report your , work related injury to your supervisor as soon as it happens even if it a minor injury that you think is not severe.
2. If your report an injury make sure your employer gives your a DWC-1 Claim Form to fill out which body parts were injured and how it happened. Try to fill this out as accurately as possible.
3. Keep records and copies of all paperwork related to your injury such as your claim form, doctors visits, and any notes such as documenting what happened to you in an email
4. When you start work, you can predesignate a doctor to go to before an injury occurs. If you predesignate a doctor you can bypass employer health facilities and take control of your healthcare.
5. Keep records of days you miss work, days you visit doctors or therapists, how far you traveled to these places by tracking the miles you drove there and back, keep all receipts of any medication you had to purchase because of the injury,keep track of symptoms you have and worsening or improving conditions.
6. Sometimes injuries may also include civil actions against the employer if the injury was deliberate and willfull such as someone who harassed you or made you complete a task that they knew would result in harm.
7. Bring all your documents to your meeting with your attorney , organize them by date so they can have a clear history of what happened.
8.Some injuries are internal such as diabetes, irritable bowel syndrome, high blood pressure. Make sure to see your regular doctor if you are experiencing these symptoms and inform your employer.
9. Filing a fake accident or fraudulent claim is against the law. Sometimes insurance companies will hire investigators to follow and film you and make sure you are not faking your injury. Be mindful of this and take it into consideration when filing a claim.
10. Try not to delay when you are hurt, there are deadlines in the workers compensation system that can affect your claim if you wait to long, it will be harder to prove your case with medical documentation so always get treatment right away and consult a lawyer as soon as possible.
If you need an attorney in orange county, riverside county or los angeles county visit http://www.attorney4u.us or fill out my contact form for a referall.
It is understandable to have a fear of losing your job over filing a claim. Many employees think that filing a workers comp case is a direct suit against their employer. In a way it is and it isn't.
Every employer is required to maintain liability insurance for workers compensation claims. That means that your boss pays his insurance a premium just in case you get hurt on the job. The insurance company is actually the company who fights against your claim and who you will be dealing with , they represent your employer.
If you file a claim it does not give your employer the right to automatically terminate you. If they do so just because you filed a claim you may have another legal action against them called a Wrongful Termination, under California's Labor Code Section 132A which states..
132a. It is the declared policy of this state that there should not be discrimination against workers who are injured in the course and scope of their employment. (1) Any employer who discharges, or threatens to discharge, or in any manner discriminates against any employee because he or she has filed or made known his or her intention to file a claim for compensation with his or her employer or an application for adjudication, or because the employee has received a rating, award, or settlement, is guilty of a misdemeanor and the employee's compensation shall be increased by one-half, but in no event more than ten thousand dollars ($10,000), together with costs and expenses not in excess of two hundred fifty dollars ($250). Any such employee shall also be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer.
If you've been hurt on the job contact a lawyer as soon as possible.
There are many reasons why your employer's insurance company may deny your workers compensation claim.
Here is a list of common errors that can be made if you do not have an attorney on your side to help with your claim..
1. The Employer or Insurance Company denies your claim because they are disputing your injury, which means they are denying the fact that you actually got hurt at work
2. The paperwork you filed with your claim was completed in error or incorrectly
In both situations it is vital to have an attorney to overview your documents and explain the lengthy process.
Even if your claim is "denied" an attorney can help you get that same claim accepted if they find some disputes or errors. It is your attorneys job to prove your injury was work related and with the proper medical documents they can help you get treatment that you need. An appeal can be filed to challenge the denial of your claim based on the merits of your case.
If you need help in a denied claim or in general contact California Law Associates, Inc. located in Santa Ana, California at 714-542-3377 or by filling out the contact form on this website. We will be glad to answer any questions you have free of charge.
Andria Holt is a J.D. graduate of Pacific Coast University School of Law who has been employed in the California Workers' Compensation Field since 2008.
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