Workers’ Compensation

Workers Compensation is an insurance program that was established by California State Law which all businesses having one or more representatives, are required to have for the benefit of their employees. Worker’s Compensation law explains the privileges of labors or workers who are harmed/ injured during working or turn out to be sick or crippled in view of work related damage, and permits harmed laborers/ workers to recuperate benefits.

The employer is required by law to pay for Workers’ Compensation Insurance in order to provide medical benefits to workers. There is no deduction from the salary of an individual employee.

In order to minimize the chances of getting hurt, you must get proper worker training to know about the procedures to promptly handle unsafe conditions.

In case you get hurt while you are at work, you should immediately inform your supervisor or employer so that he/she is aware of the incident. Report the ailment and seek medical treatment without any unnecessary delay because if you report promptly, it’ll help you to prevent the problems and receive the benefits instantaneously.

After the injury has been reported to the employer and you have received proper medical treatment, you should fill out a claim form. The claim form is also called a “DWC 1” and a copy of notification is handed over to the employer. You may receive more information from your employer within 24 to 48 hours of your injury.

No. It’s illegal for your employer to fire you from the job as a form of “punishing you” for filing a workers’ compensation claim if your injury or disability was caused due to work. Also, your employer can’t fire other employees for supporting you in your case.

Five basic benefits are provided by the Worker’s Compensation insurance. These benefits include:

· Medical Benefits: In case you get injured while at work during your job, your employer pays all the medical expenses to help you recover from injury / illness as soon as possible.

· Death Benefits: If the injury is severe and the worker dies from the compensable injury, the family of the worker (including spouse, children and other dependents) will get an amount equal to two-thirds of the worker’s weekly salary.

· Security Benefits: A worker who turns out to be truly handicapped, either for entire life or for a ceaseless time of at least 12 months, as an aftereffect of a medicinally definite physical or mental hindrance might be qualified for the installment of month to month Social Security advantages.

· Temporary Disability Benefits: The worker will receive payment from the employer if the worker can’t do any job. Worker will receive the payment until he/she is recovered completely.

· Permanent Disability Benefits: The worker will receive a specific amount from the employer if the worker doesn’t recover completely after the injury caused during the work.

The Workers’ Compensation Law covers all employments including part time employees, full time employees and volunteers working for a for-profit business.

Yes, if your employer allows you to choose a specific doctor, you can. But if your injury is severe, you may have to be treated by a doctor of the employer’s choice.

If the employee doesn’t file a claim for Workers’ Compensation due to any reason, the worker may not qualify for any kind of benefits and medical-related care.

Yes, our attorneys can help calculate Future Medical Settlement Valuations (FMSV), which are designed to identify future medical care requirements and provide an understanding of the cost of medical care.