Find A California Workers' Comp Lawyer for Work-Related Injuries
Workers' compensation insurance is required in California for all employees. Even if a company employs only one person, the law still applies, and violators may face criminal and civil penalties. Even if your employer does not offer coverage, they could be held legally responsible for your injury-related expenses. A Workers' Compensation Attorney in California may be able to assist you with your claims.
What Qualifies For Workers' Compensation Claims in California?
Workers' compensation claims cover a wide range of work-related ailments, including long-term conditions such as repetitive motion injuries or psychological stress.
For example, you're covered if you're hurt at work while driving for your firm or performing job-related duties at an offsite location. In addition, you are entitled to workers' compensation regardless of who is at blame; you are even protected if you unintentionally contributed to your injury.
California's Workers' Compensation Laws for Injured Employees
California has workers' compensation regulations in place to protect employees. Because California is a no-fault workers' compensation state, employees do not have to establish that their employer or boss was negligent (or in some way at fault) for their injuries. Instead, workers' compensation is mostly used as a bargaining tool between employers and employees.
Employees are entitled to prompt and proper medical treatment for workplace accidents or illnesses, regardless of who is at fault. They are forbidden from suing their employers for damages due to those ailments. If you are injured at work, you may be eligible for workers' compensation benefits.
What Do You Need to File a Worker's Compensation Claim?
If you have been injured at work and are considering filing a workers' compensation claim, you must meet specific requirements. First, you must show that your job caused the injury or illness and that it occurred while working. It may be challenging to prove that you were injured away from the job site, on break, or at a work activity outside of the office.
Employees Not Covered by Worker's Compensation
Workers' compensation laws, in general, give compensation to employees who are injured on the job. There are situations, however, when an employee's coverage is denied due to their actions. For example, an employee may be banned from getting workers' compensation payments if they participate in a negligent or deliberate act that causes an injury.
Burns, back, and neck injuries are just some of the catastrophic consequences of personal injuries and workers' compensation lawsuits. However, there are some important differences between the two:
In workers' compensation cases, no proof of fault is required. This means you could be eligible for compensation even if you contributed to your injury in some way. The most crucial thing to determine whether you are entitled to compensation in a personal injury case is proof of fault.
Lawyers who specialize in personal injury will refer you to doctors they know and trust. However, workers' compensation claims must be treated by designated physicians at the outset.
You will lose your workers' compensation claim if you choose to sue your employer. However, you may be eligible to bring a second personal injury case if you believe your work-related injury was caused by anyone other than yourself and your employer's fault.
The best way to assess whether you should pursue a claim beyond workers' compensation is to meet with a California Employment Law Attorney.
There are reasons why a claimant may benefit from filing a personal injury lawsuit along a workers' comp:
Your injury is caused by faulty equipment, such as a tool or a component of a work vehicle that you must use on the job.
An act of malice on the part of one of your coworkers.
The presence of a hazardous substance is required for your job.
A motorist's irresponsible behavior causes you to be injured while performing your job duties.
A slip and fall event occurs in a place where you are required to be as part of your job, such as a hotel.
You may be eligible for some benefits as a consequence of your claim.
You may be entitled to a variety of benefits as a consequence of your workers' compensation claim. The most immediate and substantial benefits are typically medical attention and therapy for your injuries.
Doctors in the workers' compensation system are expected to provide only evidence-based and scientifically proven treatment and therapy to cure or relieve work-related injuries and illnesses.
The state has approved the Medical Treatment Utilization Schedule ("MTUS") to ensure that you obtain the best medical treatment available. It incorporates guidelines from the American College of Occupational and Environmental Medicine (ACOEM). In addition to emergency and curative medical treatment, you may be entitled to the following:
Temporary disability status, which compensates you for missed wages if your injury prevents you from returning to work right away
If your injury is bad enough that you won't be able to recover fully, you may be eligible for a permanent disability rating, which will replace your lost wages
Workload reassignment, which would require your employer to accommodate light duty as recommended by a physician while you recover
Additional job-displacement benefits, such as retraining and education vouchers
Benefits payable if an employee dies at work or suffers from a work-related illness
You may be entitled to additional civil damages in addition to the payments provided by the workers' compensation system. In addition, if a third party is responsible for your injuries, they may be held personally liable.
Similarly, if you are fired or otherwise penalized due to submitting a claim, you may be qualified to initiate a Wrongful Termination Claim. Finally, wrongful death damages may be available if you or a loved one died due to a job injury or illness.
Benefits for Disabilities
If you miss three or more days of work, you may be eligible for temporary disability payments to compensate for some of your missed wages. In California, workers' compensation insurance covers two-thirds of your average weekly wage, including overtime and earnings from a second job. There is a maximum payout that is adjusted annually.
You can get temporary partial disability (TPD) if you can work part-time and temporary total disability (TTD) if you can't work at all (TTD). If your injury is proven to be permanent, you may be eligible for further compensation. To qualify for these benefits, your doctor must determine that you will be permanently handicapped or unable to return to your prior employment.