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.
People go to work every day not expecting to have an accident, but workplace injuries are more common than many realize. If you were injured on the job, you are entitled to benefits under the California Workers’ Compensation Act. That’s the good news. The bad news is that navigating the workers compensation system can be complicated and claims are often denied.
The California Trial Law Group aggressively fights for the rights of injured workers in the San Francisco Bay area and throughout the state of California. We are well versed in the worker’s compensation rules and have a proven track record of helping our clients obtain the benefits they deserve.
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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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.
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.