If you’re employed by a company in the State of California, you are entitled to workers compensation benefits in the event that you are injured on the job.
Nearly every employer throughout the state is required by law to offer workers’ compensation insurance to their employees. This protects both the employees and the employers alike.
Because of workers’ compensation, employees are prohibited from suing their employer in civil court, even if they were injured as a result of gross negligence. That’s not some corporate leaning law designed to protect employers and ignore the plight of the workers. As a trade-off for being exempt from expensive civil lawsuits, employers are required to carry workers’ compensation insurance for their workers.
Workers’ compensation financially protects employees who have been injured in the workplace. It provides them with a living wage to cover medical expenses and wage replacement. Any employee who is injured in the line of duty is eligible for workers’ compensation. Someone who was hurt at home or out on some leisure trip cannot collect these benefits.
Typically, California businesses have workers’ compensation benefits through a private insurance company. However, some of the larger employers in the state are self-insured and have no need to purchase benefits from an outside company.
California’s workers’ compensation laws run on a no-fault model. Employers must provide benefits to workers who were injured on the job, regardless of fault. So, if you were injured as a result of faulty equipment, you receive benefits. Alternatively, if you share some of the blame for sustaining your workplace injury, you will also receive your benefits under California law.
The California labor code lays out the set benefits of workers’ compensation. These benefits must include money as well as medical and educational benefits. The rules on how workers’ compensation benefits are to be distributed are also set by state law and cannot be changed regardless of the issuing employer or the insurance company that they work with.
Workers compensation benefits should cover the cost of medical treatments, which includes physician visits, prescription medications, surgeries, physical therapy, and more. It also provides indemnity benefits which make up for the loss of income one suffers through when they’re unable to work.
Indemnity benefits are based upon the weekly wage of a worker and are laid out by state law.
The California Workers’ Compensation Appeals Board oversees the administration of all claims to ensure fairness. Their role was set down by California state law as a way to even the playing field and force employers and insurance companies alike to cooperate fairly.
Anyone who alleges a workplace injury appeals to the Workers’ Compensation Appeals Board to receive direct oversight over their claim. Filing employees can fill out an Application for Adjudication of Claim, which ensures that their policy will be assigned to a California administrative judge who will settle all disputes between the employee and employer/insurance company.
This is where is comes in handy to have a skilled California Workers’ Compensation attorney present to make sure that these proceedings are followed by the book and protect the rights of the employees. A lawyer can represent their client before the board, as their knowledge of the state’s workers’ compensation laws will help the process run faster and more efficiently.
Make no mistake about it, insurance companies and employers often do everything in their power to deny workers’ compensation benefits to their employees. Disputes rage throughout the professional world, as insurance companies try to exploit every legal loophole in their arsenal.
This is yet another reason to hire a California workers’ compensation attorney who will fight back and ensure that you will receive that which you are owed. Remember, insurance companies want to pay out as little as they can in order to keep their own bottom line in the black. That’s why it makes sense to bring in an attorney who will fight back against these large businesses and make sure that these companies are not taking advantage of injured workers.
All workplace injuries should be reported immediately after they happen. If emergency treatment is necessary, it should be administered right away.
Afterward, an employee must fill out a form and hand it in to their employer. That form must be presented to the worker either in person or via mail by the employer within one working day after the injury or illness has been reported.
After the form has been turned in, the employer fills out their section and hands it into a claims administrator. At this time, they must also provide the employee with a copy of the completed form. The claims administrator makes the decision on whether to accept or deny a claim. In the event of a denial, the employee and their attorney have the right to challenge the decision in court.
The law offices of Donald S. Fair, Attorney At Law have recovered over $250 million in workers’ compensation benefits for injured workers. We fight for your right to compensation, ensuring that a workplace injury does not completely unravel your life.
To book your free consultation, call us today at 909-949-0317, or visit us online and fill out our contact form.