If you have been injured in a work-related accident you may be entitled to compensation. Farm workers are often involved in the most hazardous jobs in the country so accidents are common. In many cases, a farm worker can apply for worker’s compensation because his or her employer has taken out WC coverage to cover its employees for sickness and injuries at work. If you are eligible for WC you should get all your medical treatment paid, a proportion of your weekly wage and costs of rehabilitation if required. What to Do Before Filing for Workers’ Compensation As soon as you are injured or fall sick at work as a result of a job related farm activity, you should inform your employer as soon as possible. This should preferably be in writing and you should keep a copy of the report. The sooner you file your claim the sooner you will be able to receive benefits. The longer you wait the more skeptical you employer may be about the validity of your claim. You should seek medical assistance as soon as possible and keep all receipts of medical treatment as these will be paid through your workers’ compensation. Filing Your Workers’ Compensation Report As soon as you are able to do so you should file your report with your employer which will send to you the correct forms for you to fill out. Included with your form should be any documentation related to your injury or sickness including the following: a medical report from your doctor; receipts for medical treatment; co-workers’ reports showing your injury took place at work; photographs and surveillance camera footage taking at the scene of the accident. Once you have returned the forms your employer will file the documents on your behalf with its workers’ comp. insurer. If your employer fails to respond to your request for workers’ compensation, you should consider contacting your local workers’ comp. office which will assign an officer to contact your employer to resolve your workers’ compensation claim. After You File Your Workers’ Compensation Report As soon as your employer’s workers’ compensation insurer receives your report it will conduct an investigation. This is likely to include assessing evidence that you and your employer provide which proves that the injury or sickness was a result of your farm worker’s job. As soon as your claim has been approved you should start receiving your benefits. Unfortunately, not all WC claims are successful the first time round and insurers frequently deny them because they do not believe the injury or sickness was work related. However, you are entitled to lodge an appeal. If you are employed as a farm worker in California, you can appeal a denial of a WC claim with your local Workers' Compensation Appeals Board judge. At the hearing, the judge should hear both sides of the case and s/he will arrive at a decision on whether your employer’s WC insurer should accept your workers' comp. claim. Contact a Workers’ Comp. Lawyer Because workers’ comp. claims are never easy to win it is a good idea to seek help from an attorney who can help you get your claim on the right track. Additional Resources Workers' Compensation for Farm Workers The United Farm Workers of America and Workers' Comp
