90-Day Rule Workers' Compensation

If you have sustained an injury at work that leaves you unable to perform your duties, this can lead to many issues, such as the weight of medical bills and lost wages looming over your head.

Thankfully, California's workers' compensation program exists to offer financial assistance to injured workers.

However, there's a crucial element to securing these benefits – understanding the workers' compensation 90-day rule, and Rodich Law is here to help.

What is the Workers' Compensation 90-Day Rule?

The workers' compensation 90-day rule mandates that injured employees report their work-related injuries to their employers within 90 days of the incident. This reporting obligation serves two key purposes:

Prompt notification allows employers to investigate the claim efficiently.

A fresh trail of evidence strengthens the legitimacy of your claim.

It facilitates timely medical treatment.

Early intervention can significantly improve your recovery and minimize long-term complications.

Reporting Obligations for Injured Workers

The 90-day window starts ticking on the day the injury occurs. Even seemingly minor injuries should be reported, as their severity can sometimes become apparent later. Here's how to fulfill your reporting obligations:

• Verbally notify your supervisor or employer as soon as possible.
• Follow up with a written report outlining the details of the incident, including the time, location, and cause of the injury, along with any witnesses.

Exceptions to the 90-Day Reporting Rule

There are some exceptions to the strict 90-day reporting deadline. These include:

If you were unaware the injury was work-related

Sometimes, the connection between an injury and work duties isn't immediately evident. For instance, repetitive stress injuries might develop gradually. In such cases, the 90-day clock starts ticking when you become aware of the work-related cause of your injury.

If you were unable to report the injury due to medical reasons or mental incapacity

Serious injuries or psychological trauma might prevent you from reporting the incident within the 90-day window. Here, providing medical documentation to support your case is crucial.

How to Extend the Workers’ Comp 90-Day Rule?

While there's no guaranteed method to formally extend the 90-day deadline, consulting with an experienced workers' compensation attorney is highly recommended.

Rodich Law can assess your specific situation and explore potential options to navigate a late claim, such as demonstrating a legitimate reason for the delay.

Potential Consequences of Missing the 90-Day Deadline

Missing the 90-day reporting deadline can have significant repercussions for your workers' compensation claim:

Difficulty Establishing Claim Validity

A delayed report raises questions about the legitimacy of your claim. The longer the gap between the injury and the report, the harder it becomes to establish a clear link between the incident and your work duties.

Delays in Receiving Medical Care and Benefits

Prompt medical attention is crucial for optimal recovery. Missing the deadline can delay the authorization of treatment and financial assistance, potentially leading to a more complex and drawn-out recovery process.

Treatment Options Under the 90-Day Rule

The workers' compensation 90-day rule also dictates your initial medical treatment options:

Employer-Designated Medical Providers

In most cases, your employer will have a network of designated medical providers (MDMPs) within their workers' compensation insurance plan. You'll be directed to seek treatment from one of these providers within the initial 90 days.

Choosing Your Own Doctor After 90 Days

After the 90-day period elapses, you generally have the right to choose your own physician for ongoing treatment, provided they are licensed to treat workers' compensation injuries in your state.

Understanding Your Rights With The Workers' Comp 90-Day Rule

Knowing your rights under the workers' compensation 90-day rule empowers you to protect your interests:

Key Points to Remember About the 90-Day Rule

• Prompt Reporting is Essential: The sooner you report your injury, the stronger your claim and the faster you can access medical care and benefits.
• Documentation is Crucial: Maintain detailed records of the incident, your injuries, and any communication with your employer regarding the claim.

Variations of the 90-Day Rule Across States

The 90-day rule is a general guideline, and specific implementation can vary by state. Here's a breakdown:

States with Strict 90-Day Reporting Requirements

Some states, like California, have relatively strict enforcement of the 90-day deadline. Missing it can significantly hinder your ability to secure benefits.

States with More Lenient Reporting Deadlines

Other states allow for more flexibility. For example, Texas grants workers up to two years to report a work injury. However, even in these states, timely reporting is still encouraged to ensure a smoother claims process.

What to Do If You Experience a Work-Related Injury

If you sustain an injury at work, here are the critical steps to take:

Report the Injury to Your Employer Immediately

Don't wait – report the incident to your supervisor or employer as soon as possible, ideally on the same day. The quicker you notify them, the easier it becomes to establish a clear timeline of events.

Document the Incident and Your Injuries

Gather as much evidence as possible. Take photographs of the accident scene, any visible injuries, and any damaged equipment if applicable. Note the date, time, and details of the incident, including witnesses present.

Seek Medical Attention

Get medical attention promptly, even for seemingly minor injuries. A doctor can diagnose the extent of your injuries and provide necessary treatment. Ensure you inform the medical professional that your injury is work-related. If possible, make sure they are within your employer's network of designated medical providers (MDMPs) through the workers' compensation insurance plan.

Follow Doctor's Orders for Treatment and Recovery

Following your doctor's prescribed treatment plan is crucial for a successful recovery. Maintain all medical records and bills associated with the injury.

Getting Help with Your Workers' Compensation Claim

Navigating the workers' compensation system can be complex. Here are some resources to help you:

Consult an Attorney Specializing in Workers' Compensation Law

An experienced workers' compensation attorney from Rodich Law can guide you through the claims process, advise you on your rights, and ensure you receive the maximum benefits you deserve.

Their expertise can be invaluable in navigating complexities like the 90-day rule and potential claim denials.

Workers' Compensation Resources by State

Most states have dedicated workers' compensation agencies that offer information and resources for injured workers. These agencies can provide guidance on filing claims, understanding your rights, and resolving disputes.

Duration of Workers' Compensation Benefits in California

The 90-day rule jumpstarts your claim, but it doesn't limit how long you receive benefits. Temporary disability benefits replace lost wages while you recover, typically lasting for up to two years (104 weeks), with extensions possible for severe injuries.

If your doctor determines that you have a permanent disability impacting your earning capacity, you might be eligible for permanent disability benefits for months, years, or even your lifetime, depending on the severity.

Rodich Law: Dedicated to Fighting for the Rights of Injured Workers

At Rodich Law, we understand the physical, emotional, and financial burdens that follow a workplace injury. Our team of experienced workers' compensation attorneys in Woodland Hills, California, is dedicated to fighting for your rights and securing the compensation you deserve.

We have a proven track record of success, recovering substantial awards for our clients and helping them navigate the complexities of the workers' compensation system.

Don't hesitate to reach out. Contact us for a free consultation today. Let us help you get the compensation you deserve so you can focus on your recovery.

Conclusion: Protecting Your Rights After a Workplace Injury

A workplace injury can be physically, emotionally, and financially stressful. Understanding the workers' compensation 90-day rule is crucial for safeguarding your rights and ensuring you receive the support you deserve during this challenging time.

Importance of Understanding the 90-Day Rule

Knowing the 90-day rule empowers you to take prompt action. Early reporting strengthens your claim and facilitates timely access to medical care and benefits.

Taking Action to Secure the Benefits You Deserve

If you've been injured on the job, remember – you're not alone. By understanding your rights, seeking medical attention, and potentially consulting with an attorney, you can take control of the situation and work towards a smooth recovery.

If you've suffered a work-related injury in California, Rodich Law is here to help. With over five decades of experience, our team of dedicated workers' compensation attorneys understands the complexities of the system and is committed to securing the maximum compensation you deserve.