On behalf of Talia Nicoghosian of KCNS Law Group, LLP posted in Workers’ Compensation on Monday, October 31, 2016.
Did you know that workers’ compensation is not only limited to on-the-job physical injury? That you can receive compensation for mental injury or for a work injury that occurs outside of the workplace? That you need also need to document everything? Here are the answers to the important questions you didn’t know you should even be asking.
1. It is possible to get workers’ compensation for a psychiatric or stress-related injury
Emotional and mental injuries are included under workers’ compensation laws in the state of California. This kind of injury can be more difficult to prove because of scrutiny from employers and insurance companies. None-the-less it is probable and possible to receive compensation for mental injury.
Mental injuries can be caused by stress, exhaustion from work or from unwelcomed comments made by co-workers or superiors. In order to prove this kind of injury came from the workplace, you must have a professionally diagnosed mental condition that requires medical treatment and prevents you from working.
2. If you don’t claim your tips, they won’t be included
Gratuity and cash tips can be a more difficult conversation to have with an insurance company. Without any documented way to prove that you made extra money from tips and gratuity it is unlikely the insurance company will compensate you. However, if you reported your tip earnings to your employer or claimed them on your tax form, you then have documented proof of your tip money and should be fairly compensated.
3. Keep everything in writing
Make sure to keep everything in writing. Verbal interactions can turn into a he said, she said battle with the insurance company. When you are formally giving notice to your employer, document in writing the details of your situation. Your case may be investigated, so be prepared and have all important information documented in writing.
Report your injury right away and be examined by a doctor. The insurance company or your employer may require you to be examined by a doctor of their choosing; this is a normal standard procedure and you are legally required to do so or your case can be dismissed. However, make sure you get an opinion from your own personal doctor as well.
Insurance companies can be sneaky and want to pay you as little as possible and give you the smallest amount of benefits possible, too. Lawyers are dedicated to ensuring that you are receiving fair compensation for your mental or physical injury. Once you suspect you may have a work-related injury, a lawyer can guide you through the process from start to finish.