If you are injured on the job in California, you are entitled to receive medical benefits and monetary compensation from the California workers comp system.
While California has a slightly different workers’ comp insurance system than most other states, it is usually provided to you as an injured employee on a no-fault basis. Most injuries are covered by “no-fault” California workers comp benefits. Still, if your employer provides workers’ comp, you cannot sue them for any personal injury.
However, California’s workers’ comp laws only allocate the risk of work-related injuries or diseases to your employer. They will not assign any wrongdoing or negligence to your employers. Your employer takes on all the risk but is immune from being sued in civil court.
By utilizing “no-fault” workers’ comp laws, California’s employers are far less likely to be saddled with costly, or even deadly, employee lawsuits.
California’s workers’ comp laws are, in theory, designed to protect both you and your employer. However, depending on the specifics of your injury, this may not always be the case.
You are entitled to medical benefits and even monetary damages for your injury; specific damages are excluded from the state’s workers’ comp laws. By giving up your rights to sue for negligence and receive certain types of damages, you are limited in the following specific legal areas:
- Pain and Suffering are excluded.
- Emotional Distress is excluded.
- Loss of Consortium is excluded.
- Lost wages due to your injury are limited to temporary disability benefits only.
- Loss of future earnings is limited to only permanent disability benefits.
There are more, and your local Riverside or Costa Mesa workers’ comp lawyer will thoroughly explain how California’s “no-fault” workers comp benefits may sometimes be detrimental to your recovery and future financial success. If you feel that you are being negatively impacted due to your “no-fault” workers comp insurance, consulting with your experienced California workers’ comp lawyer will help ensure you obtain all you rightfully deserve.
What Types of Workers’ Comp Benefits Can I Claim?
California’s workers’ comp laws may provide significant compensation, considering they are limited to certain categories and amounts.
If filled professionally and thoroughly by an experienced workers’ comp lawyer, you may be able to collect more compensation under workers’ compensation than if you filed a lawsuit against a private party where the compensation may be limited.
Some examples of California’s workers’ compensation benefits are:
- Temporary disability payments will replace your lost wages during your recovery.
- Permanent disability pay that will replace your lost future earnings.
- Travel expenses to and from your doctor, hospital, rehabilitation, etc.
- Medical treatment is needed to cure or relieve your injury.
- Your retraining if your injury prevents you from returning to your old job.
- Compensation for penalties & sanctions if your employer doesn’t follow the workers’ comp laws and do the right thing.
Due to the limitations and restrictions imposed by California’s “no-fault” workers’ comp laws, these cases are commonly legally complex to file, and professional assistance is mandatory to you receiving all that you deserve. Your Riverside worker’s comp law firm has the experience and knowledge to ensure you don’t miss any salient points that could cost you thousands of dollars you rightfully deserve. Consult with the first and get it right the first time your case is filed.
What Are Some Things I Must Know If I’m Injured at Work in California?
As stated, California’s no-fault workers’ comp laws can be complicated to understand correctly, and filing in the proper way is extremely daunting!
As the injured party, some of the things you must know are:
- Your employer must pay for medical care if you get hurt on the job, even if you miss work.
- You could receive benefits even if you are a temporary or part-time worker.
- If acting as an “independent contractor,” you may still be covered by workers’ compensation.
- You don’t have to be a legal resident to receive most workers’ compensation benefits.
- You will obtain benefits no matter who was at fault for your injury.
- In most cases, you cannot sue your employer for your job-related injury (in most cases).
- It’s strictly illegal for your employer to fire or punish you for getting injured or requesting workers’ compensation benefits.
The best advice when filing for workers’ comp is to thoroughly go over your case and all its specific details with your experienced local workers’ comp law team. Don’t try to navigate this process alone, as your future may depend on the outcome.
What Should I Do If I Get Injured At Work?
First, immediately obtain the medical attention you need! Your health and well-being are vital to you and your family.
Then, as soon as possible, report your accident and fill out the proper forms. Your employer must give you a workers’ compensation claim form within one working day after you report your injury. This form is necessary to start the process and is used to request workers’ compensation benefits.
Make sure to describe your injury entirely and include every part of your body that’s affected. This must be done timely to avoid potential problems.
You must note that if you feel uncomfortable or don’t understand any of this process (which is usually confusing), enlist the help of your personal injury or workers’ comp lawyer. You must get this process done correctly, your lawyer will fight for your rights, and their assistance will be invaluable in obtaining what you need.
I’ve Been Hurt At Work; How Should I Proceed?
You begin to see that California’s “no-fault” workers’ comp laws are incredibly complex. The best advice is to seek the help of an experienced Riverside workers’ comp law team and ensure your claim is filed correctly.
The most common mistake you may make is not hiring a lawyer and trying to navigate this process alone. Obtain the professional help you need, as your and your family’s future depends on it.