A work-related slip and fall accident is the classic type of workers compensation injury. Slipping and falling in the workplace can lead to serious injuries. Delayed symptoms due to falls are not uncommon. A slip and fall may also lead to injuries that are not visible to the naked eye, such as a closed head injury. A slip and fall accident should not be taken lightly.
An injured worker should make sure to report the incident and injuries to a supervisor immediately. It is important to document the fall, injuries, and witnesses to the incident. Once an injury is reported, an employer should give the injured workers claim forms to fill out and offer medical treatment. Failure to report an injury could result in denial of the claim from the carrier as to whether the actual injury occurred at work.
Denial of the claim means denial of benefits while an employee is out of work. This includes temporary disability benefits, which are paid at two thirds of an employees regular pay while an employee is off of work for a work-related injury. While a carrier may deny benefits, EDD will in most instances pick up benefits while the claim is denied. If the carrier decides to pick up the claim at some point, the carrier will continue making the temporary disability payments and reimburse EDD. An injured worker is entitled to 104 weeks of temporary disability benefits at a maximum although there are exceptions. The exceptions to the 104 week temporary disability cap is for the following conditions: acute and chronic hepatitis B, acute and chronic hepatitis C, amputations, severe burns, human immunodeficiency virus (HIV), high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis, and chronic lung disease. The 104 week is extended to 204 weeks for these conditions.
Additionally, if a claim is denied, medical treatment will also be denied. This means that an injured worker will need to seek treatment on a lien basis. Liens are resolved at the end of a case and most of the time, the carrier takes care of the liens.
An employer is required to offer medical treatment once an injured worker reports a workplace injury. If an injured worker is not offered medical treatment, it is important for to self-procure treatment to document the injury. The more documentation an injured worker has of the injury, the harder it is for the carrier to deny that an injury occurred. Whether the injury resulted in actual disability is a question for the doctors and workers compensation attorney throughout the litigation process. Hiring a workers compensation law firm to represent will help ease the litigation process and the process can be very complicated.
There is a one-year statute of limitations on a workers compensation injury. The statute of limitations on a specific injury like a slip and fall accident begins tolling on the date of the accident. Since a slip and fall is a more clear injury, in that, the direct cause of your injuries is the fall, it is easier to discern when an injury took place. However, even if one year has passed since your injury, it is still not too late to file a workers compensation claim. A statute of limitations defense can be very hard to prove.
Consult Kesh law, your workers compensation attorney today for a free case evaluation today.