When you file a workers’ compensation claim, it will need to go through a screening process to determine if you can receive benefits.
However, the California Department of Industrial Relations explains you do get some upfront benefits and rights before the insurer completely approves your claim. These are available under the general workers’ compensation system.
Medical benefits
You will be able to seek medical care under workers’ compensation right away. You can use up to $10,000 in benefits prior to the approval of your claim. The treatment you receive still must follow general workers’ compensation guidelines.
Automatic approval
If the insurer does not make a ruling on your claim within 90 days, then you have a presumption of injury or illness. This means after 90 days you must get a ruling on your claim or you automatically receive all benefits to which you would receive if the insurer approved your claim.
Dispute resolution
Once you submit a claim, you have the right to dispute any denial or issues between you and the insurer about your claim. You will have access to the system to get help with resolving any problems that arise.
Other rights
If your disability payments come late, you have a right to an increase in the amount. You also have the right to file a claim if you suffer an injury or illness related to your work.
Once you file your workers’ compensation claim, you are under the protection of the system. It is essential you understand your rights so you can receive the benefits due to you under the law.
