Information provided courtesy of Rose, Klein & Marias, LLP.
Report every injury!
Employees tend to ignore minor injuries, either due to embarrassment or fear that their jobs will be jeopardized.
Don’t be! Your employer is required to respond with a claim form for all injuries. If it is minor, nothing happens. If it is major, you have protected yourself and started the clock running for the insurance company to admit or deny your injury.
An injury that is not denied within 90 days is deemed admitted!
| STATE DISABILITY/WORKERS’ COMPENSATION | |
Questions |
Answers |
| What are the differences between disability and workers’ compensation? | State disability insurance covers off-the-job injuries or sickness and is paid for by deductions from your paycheck. Workers’ compensation takes care of on-the-job injuries and illnesses caused or aggravated by work. |
| How do I file for these benefits? | For state disability, you must go to your doctor, who will determine if you need to be off work. The doctor will give you a note to give to your store manager. Call EDD at 1-800-480-3287, to request forms.For workers’ compensation, you must report the injury to your manager or supervisor immediately and he/she will complete a claim form and arrange medical treatment. |
| Can I go to my own doctor when it is workers’ compensation? | You may be entitled to be treated by your own personal physician – if you have pre-designated that provider and they have consented to treat you. Click here to download the form or call Local 1428 and request a form by mail. |
| How long do I have to go to the company doctor? | Thirty days after reporting the injury and being treated by the company doctor, you may be able to switch to your own doctor. But, if your employer contracts with a “medical provider network”, you may never be able to change if you never pre-designate that doctor. |
| What happens if I go to my doctor and find out my injury is work-related? | Get a note from that doctor stating that your condition is work related and give it to the store manager or supervisor. |
| What happens if I am permanently disabled? | If the injury keeps you from returning to your regular work, you may qualify for vocational rehabilitation benefits or training into a new job, which may or may not be with another employer. |
| Disclaimer:This information has been written as clearly and accurately as possible. You should be aware, however, that benefits are governed by master policies, contracts and Plan documents. In all cases of benefit determination or differences of opinion, the legal policies, contracts or Plan documents will prevail.You can examine the master policies, contracts and Plan documents by contacting the Fund Office. If you prefer, you can request, in writing, copies of these documents for a reasonable fee. The Fund Office will send you the documents within 30 days of receiving your request.The Fund maintains the Health Care Plan for the exclusive benefit of eligible employees; however, eligibility for or participation in the Health Care Plan is not an assurance or guarantee of continued employment. | |