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3 facts you should know about workers' compensation

Significant injuries happen suddenly and are often unpredictable in nature. You may be fine and working on a project on the job one minute and find yourself on the way to the hospital the next. No matter what the issue is, if that injury happened on the job, you should be able to seek workers' compensation.

There are cases when workers speak with their employers about workers' compensation and are told they can't or shouldn't apply. Some don't want to apply for the fear of retaliation. You should know that you are entitled to that coverage so long as your employer is required to carry workers' compensation insurance by law and your injury was related to your job.

Here's a little more about what you should know.

1. You shouldn't fear retaliation, because it's illegal

Retaliation is illegal. If your employer fires you, demotes you or causes other problems for you because you filed a workers' compensation claim, then you may be able to hold them liable for those actions. As an employee of an employer who is not exempted, you are able to seek workers' compensation when you're hurt on the job.

2. Your employer can't stop you from filing a claim

Your employer should never try to stop you from filing a claim through their workers' compensation carrier. They have a right to negate the things you say and argue against your claim, but you always have a right to file. If they refuse to give you the information, you should reach out to the workers' compensation commission in California or to your attorney for more help.

3. A denial letter doesn't mean you won't get coverage

Finally, a denial letter doesn't mean you won't be able to get coverage through workers' compensation. If your case is denied, take the denial letter to your attorney to review the reasoning. You may need more medical information or more information stating why the injuries you suffered are related to your work. With more information, it's possible to appeal and have the decision reversed.

Your attorney will help you learn more about your rights as a worker in California if you get hurt on the job. Your priority should be to file a claim and start the process as soon as possible, so you can get the medical benefits, coverage for lost wages and other benefits needed to move forward.

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The Law Office of Gary C. Nelson
421 13th Street
Modesto, CA 95354

Phone: 209-222-4089
Fax: 209-524-9300
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