In California, most employers are required to purchase workers’ compensation insurance to protect workers, and the business, from workplace injuries. This is essentially a “no-fault” system that provides benefits to workers while protecting employers from personal injury lawsuits. In order to be eligible for benefits, an injury must have occurred within the course and scope of the workers employment. While each case is unique, injured workers are generally entitled to the following benefits:
Expenses for medical care related to the injury are automatically covered in most cases, including examinations, surgeries, prescription medications, medical aid devices, such as crutches, braces, orthotics, rehabilitative care, physical therapy and other treatment.
Provides two-thirds of the average weekly wages of workers in that position until the employee is declared to medically able to return to work. Payment of these benefits is limited to two-years from the date of the injury.
Designed to compensate workers who suffer injuries that leave them unable to their job. The amount of the benefit depends on the nature of the injury, the workers’ age and occupation, and a physician’s analysis of the percentage of work potential that has been lost.
Permanently disabled workers are eligible for vouchers that can be applied to the cost of a retraining or educational program that will enable the worker to learn new skills.
Compensates the survivors of those who die as a result of a workplace injury.
Workers can be injured in all types of accidents, such as:
These are the most common accidents, typically caused by wet or damaged floors, torn or uneven carpeting, poorly lit areas, or clutter and debris in walkways.
Bending and lifting, carrying and moving heavy items, such as boxes, furniture, tools and construction material can lead to a wide range of injuries.
Workers can be injured from vehicles and equipment that rollover, hit people, or tip over such as forklifts, cranes, and machinery.
Exposed wiring, chemicals, fires, burns and explosions can lead to catastrophic and fatal injuries.
At the California Trial Law Group, our experienced workers’ compensation attorneys routinely handle a variety of injury claims, including:
If you were injured on the job, you should immediately seek medical treatment and inform the treating physician that your injury or illness was job-related. You must also inform your supervisor in writing of the injury within 30 days of the accident. By failing to notify your employer in a timely fashion, you may forfeit your right to obtain benefits. It is also crucial to keep notes of your injury as well as records of any treatment you receive. Although the time limit to file a worker’s compensation claim in California is one-year from the date of the injury or illness, you should call our office as soon as possible so we can start the process.
It is important to note that employees who are injured on the job are protected from discrimination. Under California Labor Code Section 132, it is illegal for an employer to fire, demote or retaliate against an employee in any way, for taking a leave of absence due to a work-related illness or injury or for filing a workers’ compensation claim.
Located in Albany, California, The California Trial Law Group serves clients in San Francisco, San Luis Obispo, Marin, Sonoma, Napa, Contra Costa, San Mateo, Santa Clara, Fresno, Kern, Yolo, Santa Cruz, Santa Barbara, Los Angeles, Riverside, San Bernardino, Oakland, Berkeley, Richmond, San Pablo, Pinole, Hercules, Walnut Creek, Orinda, Concord, Fremont, Hayward, Alameda, San Leandro, Onion City, & Vallejo, Orange and Sacramento Counties
The California Trial Law Group is dedicated to helping injured workers obtain the benefits they deserve. If you were injured on the job, or your claim was denied, our experienced attorneys will fight for your rights. Depending on the circumstances, it may be possible to pursue a civil lawsuit if your injury was caused by a third party. Being injured in a workplace accident can be a devastating experience, but we will be by your side on the long road to recovery. Call our office today for a free consultation. Se habla Español.
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Settlement in Wage & Hour Class Action Lawsuit on behalf of Retail Sales Employees.
Settlement in Wage & Hour Class Action Lawsuit on behalf of construction workers.