CALIFORNIA WORKERS' COMPENSATION
California Worker Compensation Attorney, Sacramento Worker Compensation Lawyer
WHAT IS WORKERS' COMPENSATION?
A workers compensation injury is defined in California's Labor Code Section 3208 as any injury or disease arising out of
employment. It can be physical or mental ( non physical) harm. To be compensable the injury must produce disability or
medical treatment more than first aid. When an injury is compensable then workers compensation benefits are usually the
exclusive remedy available to the injured worker. The system is designed to compensate injured workers for disabilities
that occur on the job and to provide medical treatment that is reasonable and necessary to cure or relieve the effects of
an injury. An injured worker does not have to prove anyone was at fault for causing the injury. The tradeoff for the
employer is there are limited damages that are set forth by statute. No compensation is paid for pain and suffering and
other general damages like those in personal injury lawsuits. However, wages are paid while the injured worker is off work
and in some instances additional permanent compensation and job retraining are available.
Under most worker's compensation programs, an injured employee is entitled to:
MEDICAL CARE:
The injured party has the right to all reasonable and necessary treatment to cure or relieve the effects of the injury. Included under medical treatment compensation are all medical bills, prescriptions and even round-trip mileage to the hospital. Under worker's compensation laws, a patient might have to use the company doctor, but typically only for a maximum of 30 days. After that time, a patient may choose a different doctor by either written or oral request.
TEMPORARY DISABILITY:
If the injured party must take time away from work due to medical reasons related to the injury, they might be entitled to temporary disability payments. That would provide partial compensation for lost wages. There are specific maximum and minimum limits to the pay rate which is then multiplied by two-thirds to compute the average weekly gross pay that is paid out every two weeks. After the doctor verifies an inability to work, the first temporary disability check should arrive within a few weeks.
PERMANENT DISABILITY:
If a worker can't completely recover from the effects of the injury, they could be entitled to a monetary award. Permanent disability means that the injured party has lost some ability to compete in the open labor market of uninjured workers. The amount and rate at which it is paid depends on how much limitation the injury places on activities. Other elements taken into consideration are age, occupation and earnings at the time of injury.
VOCATIONAL REHABILITATION:
If the injury prevents a return to the former job, assistance in getting another job might be included in the benefits. During vocational rehabilitation, a partial income is distributed, similar to temporary disability. The vocational rehabilitation benefit usually has a maximum monetary limit and may be replaced by an offer of modified or different work from the employer.
Tips for filing workers compensation claims if you are injured on the job:
- Report the injury to the employer. If possible, report the injury in writing and keep a copy of the report for personal records.
- Complete a claim form. No matter how the employer learns of the incident, they must offer the injured party a claim form immediately. Until this claim form is completed, the employer has no obligation to provide benefits. Make sure it is filled out completely and specifically. Keep a copy of the claim. It is then the employer's responsibility to immediately notify the worker's compensation insurance company and get medical help.
- File your claim as soon as possible. Those seeking to claim worker's compensation benefits should do so quickly. Immediately reporting injuries and filing a claim as soon as it is decided to seek compensation increases the likelihood that benefits will begin quickly. Delays in reporting could lead to suspicions as to the validity of the claim and delays in benefits. If a dispute should arise regarding the claim contact our office for additional information or seek help from the worker's compensation information and assistance officer in your city. Worker's compensation laws and benefits vary greatly by state and in some cases a delay in reporting can lead to denial of a claim in and of itself. Have you been injured on the job?
Please click here to go to our online form and have an attorney contact you about your case.
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OSHA Standards & Workplace Hazards
Before OSHA issues, amends or deletes regulations, the agency publishes them in the Federal Register so that interested persons or groups may comment. The employer has a legal obligation to inform employees of OSHA safety and health standards that apply to their workplace. Upon request, the employer must make available copies of those standards and the OSHA law itself. If more information is needed about workplace hazards than the employer can supply, it can be obtained from the nearest OSHA area office.
Under the OSHA Act, employers have a general duty to provide work and a workplace free from recognized hazards. Citations may be issued by OSHA when violations of standards are found and for violations of the general duty clause, even if no OSHA standard applies to the particular hazard. The employer also must display in a prominent place the official OSHA poster that describes rights and responsibilities under the OSH Act. Click here for more information.
Do you have a Worker's Compensation claim?
Please click here to go to our online form and have an attorney contact you about your case.
Frequently Asked Questions relating to Worker's Compensation: Click Here!
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IF YOU WERE INJURED AT WORK YOU NEED TO PROTECT YOUR LEGAL RIGHTS!
CONTACT SACRAMENTO WORKERS' COMPENSATION ATTORNEY TODAY.
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1-888-954-7312
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