Workers Compensation Law in California is a no-fault system developed to help both employees and company rights. The company needs to supply workers’ compensation advantages no matter the fault, since the employee gives up the right to sue the company. Workers’ Compensation laws are created to safeguard both the worker and the company in case of an injury on the job. California workers’ compensation laws offer insured coverage to employees for medical care for their injury and bring guaranteed compensation during and after the recovery of their injuries.
Even though these laws are primarily designed to protect the employee, the advantage to employers is that they put limits on the amount of compensation that can be collected from them. Many employers would ultimately rather pay for workers’ compensation insurance than be forced to pay a larger sum after losing a case. The laws also have benefits for dependents of workers who die on the job and help shield coworkers from virtually any liability.
You don’t need to have a workers’ compensation lawyer to file a claim. But it would be extremely helpful to talk with or get an attorney for your case. Our lawyers can assist you navigate the workers compensation law system the right way through court deadlines, representing you properly, managing disagreements, advising for additional resources and acting as your legal support through the court process. It can be especially valuable for you to talk to a lawyer if you are not sure the way to proceed with your claim. If you feel you are being dealt with unfairly by the insurance company or by your employer or if you have a disability long term, contact our office immediately.
Click here to learn about maternity leave in California!
What is Workers Compensation?
California has its own system when it comes to comprehensive workers’ compensation. This system is the DWC Office or Division of Workers’ Compensation Claims office. The work related injuries laws exist to protect employees from financial burdens when they are unable to work because of job related injuries. Injured workers would be forced to sue their own employers in civil court without this system. It would be up to them to prove that their injury was due to the employer’s negligence. This could be a lengthy process and there is no guarantee that they would win.
Workers’ Compensation Law requires all employers with at least one employee to have California Workers Compensation Benefits insurance. This comprises of all temporary employees and corporate officers of the company. The law extends to employers who are out of state as well and who might have employees that regularly work in California. It covers both repeated exposure, one time events and certain psychological injuries caused by the job that are stress related.
Benefits generally have the following:
1.) Medical care covers tests, doctor visits, treatment services, medication and necessary travel costs related to care
2.) Temporary disability benefits covers any lost wages incurred during recovery.
3.) Permanent disability benefits cover injured workers who do not recover and are unable to return to work.
4.) Job displacement benefits helps pay for retraining if a worker is unable to qualify for permanent disability and unable to return to their old job.
5.) Death benefits distribute payments to an injured worker’s spouse or dependents if they pass away due to job-related illness or injury.