THE WORK PLACE: What to do to protect claims for benefits

By Sol Bello

We previously discussed the things an injured worker should do in order to be able to claim for workers’ compensation benefits. This article will discuss the things that a benefit claimant should do to be able to get all the possible benefits he/she is entitled under workers’ compensation law:

Claiming for workers’ compensation benefits is complicated as it is and in order to be assured that you get all benefits to which you are entitled, you must do certain things to protect your claim:

From the time you report your injury to your employer, a stream of papers will be coming your way and you should have a system of gathering, saving and classifying them.

1. Keep a record of where, when and how the injury was sustained. Normally when an injury is sustained at work a ‘report of injury’ is done and made a part of the injured employee’s file. You should get a copy of this report as part of your own record. Make a note of any person who witnessed the incident of the injury.

You should also maintain a copy of the completed claim form (DWC-1) which you submitted to your employer.

2. Keep a file of all records of treatment, medical reports which you get from your doctor or medical facility where you had your treatments or tests and all other which the insurance carrier provides you. If you think that you are missing a report or record, you are entitled to have a copy of it and you should request one from your doctor or from the insurance carrier. These must be kept in chronological order.

3. Documents and correspondences received from your employer, insurance carrier or any other person involved in your claim should also be gathered and compiled in chronological order. If you send out any document relative to your claim, you must keep copies and proof that they have been sent.

4. Keep a record of your earnings, income tax returns and other tax documents at least the year immediately prior to your injury. If you received any unemployment or social security benefits from the time of your injury to the date your claim is concluded, you should also make a record of them.

5. The days you were off work on doctor’s order should be maintained in chronological order.

6. Payments made to you by the insurance carrier by way of temporary disability benefits as well as permanent disability advances before the case is concluded or finished must be carefully noted. Include the dates when check was issued, when it was received and the period for which payment is made.

7. You are entitled to be reimbursed for your expenses going to and from your doctor. You should keep track of your mileage, parking and toll fees.

8. Keep a record of all out of pocket expenses for your treatment. Treatment co-pays, prescription and other medical and chiropractic bills paid for by you are reimbursable but you must have proof of payment for them.

Mr. Sol Bellos and Mr. Ken Nakatas areas of law practice is limited to Workers Compensation claim (work related injures) and Personal Injury. (Car accident/slip and fall) Mr. Bello is fluent in Ilocano and Tagalog. The Law Offices of Sol D. Bello is located at 111 N. Market Street, Suite 415, San Jose, CA 95113, Tel. No. (408) 297-9088; sol.bello@yahoo.com