What Records Should I Keep for My Workers’ Comp Case?
Being injured at work is a scary experience. Furthermore, the process to pursue compensation is often complicated and stressful. If you are injured and unable to work, you may be entitled to compensation for medical expenses, lost wages, and other damages. At our firm, we have guided numerous clients through the California legal system. We can analyze your situation and help you make informed decisions regarding your case.
When building your case for a workers’ comp claim, it is helpful to keep records of 4 things:
- Time off of work. It is a good idea to keep track of the specific dates you are unable to work because of your injury. Typically, you will receive compensation at the rate of 2/3 of your average weekly wage for each week you are off of work. Temporary disability benefits can also help make up for lost wages. While employment records will keep track of your time off work, you should keep a personal record and make sure you receive the payment you deserve. Personal notes can also help refresh your memory for the workers’ compensation hearing.
- Travel expenses. If you are injured at work, you will be entitled to receive reimbursement for travel expenses related to your medical treatment. Generally, the reimbursement will be based on mileage, and the standard rate that most states follow is $0.56 per mile. You may also be able to get compensation for the cost of parking, public transportation, tolls, and other travel expenses related to your medical treatment. It is important to keep written statements of your travel, including the starting and destination addresses, the roundtrip mileage, the date, and any out-of-pocket costs you paid. You can receive reimbursement for travel related to physical therapy, doctors’ appointments, independent medical examinations, specialist treatments, chiropractors, and other medical visits.
- Your claim. It is a good idea to keep written records of information related to your workers’ comp claim. This may include filing forms, accident and doctor’s reports, contact information of witnesses, communication with the insurance company (including letters of acceptance or denial), and communication with your employer. Having written records of important factors related to your case can help provide evidence if the insurance company disputes your claim. You can also keep written accounts of telephone conversations with the insurance claims adjuster. Be sure to include the date of the call, what the conversation entailed, who you talked to, and how you followed up with the insurance company.
- Your pain and suffering. While you are not able to pursue compensation for pain and suffering in a workers’ compensation case, you can use a pain journal to provide evidence of the seriousness of your injuries. Sometimes, insurance companies may dispute your claim and say that your injuries are not as bad as you say they are. They also might say that your injuries did not result from the at-work accident. However, if you have a detailed pain journal with dated entries of the discomfort, pain, and injuries you have experienced, you can support your claim in court. A pain journal is especially helpful if the insurance company disputes your claim, or if you file the claim late or have a preexisting injury to the same body part. With written records of your pain and suffering, you can provide evidence to the severity of your injuries and how they have negatively impacted your life and ability to work.
Call Our Orange County Workers’ Compensation Lawyers Today at (800) 980-6905
Alvandi Law Group, P.C. has a track record of over $100 million in settlement for injured clients. If you need tenacious legal assistance to pursue compensation for a work-related injury or illness, we can help. Our Orange County workers’ compensation attorneys know how to gather the necessary evidence to build your case. We can answer your questions and guide you through the legal system.
Contact us today for a free case evaluation. We also offer Spanish-speaking services for your convenience.