Can I Still Get Workers Comp Benefits When I Return to Work?

Following an injury at work, your best shot at obtaining the worker’s compensation benefits is by filing a work comp claim. You should be aware of the statute of limitations in your state (In California, you have 30 days to file a claim from the moment you got injured) and not miss the deadline.

However, even after filing a claim, that does not guarantee that you will receive the benefits. That is up to the board to decide, once they take all the factors into consideration.

But what happens when you return to work after fully healing? Are you still eligible to get your worker’s compensation benefits? Here is what workers compensation attorneys have to say on that matter.

Benefits of Returning to Work

Once you have been cleared by your doctor, you should return to work within a given time. That means that if your doctor told you to return to work starting next Monday, you should show up at work next Monday. Missing work, for whatever reason, could have a negative impact on your worker's compensation claim and your potential income.

Returning to work will improve your income and benefits that you gain over time. You will return to the friendly environment and be surrounded by your old friends again. That will improve your mental strength and help you with confidence. However, keep in mind that your workers’ compensation claim will still be processed (if submitted within given time) and if successful, you will receive your benefits for the following:

• Medical costs
• Lost wages while you were out of work (up to 2/3 of your total lost wages, based on your average weekly income in the past 6 to 12 months)
• Pain and suffering
• Future medical treatments

Even if you were cleared by your doctor to return to work, that does not mean that you won’t have to continue using your medication, and even have additional medical necessities in the future.

Has Your Claim been Processed?

Assuming that you filed your worker’s compensation claim on time (within the state’s statute of limitations), your claim will take time before it is processed. Don’t expect to receive money immediately, as it may take up to two years before you get your benefits (usually it takes anywhere between 12 to 15 months to start receiving your payments). If your claim hasn’t been approved or denied before you are cleared and able to return to work, you still have a chance of getting it approved by the board and filling an appeal if the initial claim is denied.

If your new wages are lower than they used to be, you may receive compensation for it through your workers’ compensation. Also, if you have to visit a doctor in the future and miss work, you can also get paid for that missed work. Speak with Los Angeles Workers Compensation Attorneys to learn more about your legal options and to maximize your chances of obtaining the highest compensation possible, even after you return to work.

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How Does A Workers Comp Claim Affect The Employer?

When an injury happens at work, the employee is entitled to worker’s compensation benefits. In order to receive them, the injured employee has to notify his superiors within a given time frame (30 days) from the injury. Failure to do so will result in ineligibility to receive worker’s compensation benefits.

After that, the employer is the one responsible for crafting and passion on the First Letter of Injury to the insurance carrier. From that moment on, the decision lies with the Board.

However, the insurance company is not the only one affected by a worker’s compensation claim. Sadly, most employers are also affected by it in the long run. Here is how one successful (or unsuccessful) worker’s compensation claim can affect an employer.

Changes in Annual Premium

The first change comes in the annual premium that the employer pays every year. There are numerous factors that are taken into consideration when the annual premium is calculated. Your insurance carrier will present you with their formula, and it is your decision whether or not you want to accept it.

Normally, premiums are calculated based on the following formula: employee payroll is multiplied by a “rate”, which is decided based on the previous years and injuries that did or did not occur. The more injuries that occur every year, the higher the rate.

For example, if your payroll is $1,000,000 and the rate is $1, your premium will be $1,000,000 divided by 100, multiplied by 1, which is $10,000. This is your manual premium, with no experience modifiers applied. Once the experience modifiers are applied to the manual premium, the result is called the standard premium.

Learn more about your annual premiums by speaking with one of the Workers Compensation Attorney in Los Angeles. They know how the insurance companies calculate their premiums and will help you understand it. If you call today, you will be able to schedule your free consultation.

Tips on Lowering Your Premiums

In order not to spend a small fortune every year on your insurance premiums, you should utilize the following tips and try and reduce your premiums. Here are some suggestions on how you should manage your worker’s compensation premiums:

• Make sure that all your supervisors have received proper safety training
• Hold regular safety meetings and improve everything that needs improving
• Develop an effective injury and illness prevention program
• Develop a post-accident response protocol and make sure that the appropriate people know what to do in response to an injured employee
• Make sure your entire staff knows where to go in case of an injury (your insurance company’s Medical provider Network MPN)
• Manage all claims to be sure that the injured individuals are receiving proper treatment

Los Angeles workers compensation lawyer advise you to be aware of potentially fraudulent claims. Many employees may try and trick you, and it is your job to protect your best interests and the interests of your company. Get in touch with attorney today and learn how to recognize a potential fraud and prevent it before it causes any additional problems.

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