Frequently Asked Question About Workers' Compensation Benefits
What is Workers' Compensation?
Workers' compensation is also known as workman's comp, which provides workers' compensation benefits to employees who have suffered injuries or illness during the job. Workers' compensation is an insurance policy, which is paid by employer for your benefit in case of any health related incidents that occur during the working hours. The insurance form of workman's compensation has no deductibles, no co-pays, and no maximums.
Who is entitled for Compensation Insurance Benefits?
Any worker who gets injured during the working hours for another person or company may be entitled to workers compensation benefits. It includes undocumented workers who are residing in the country illegally and also housekeepers working in a home. For more information contact us, and our worker’s compensation lawyer will let you know whether you are covered or not through insurance.
Will I be eligible for workers compensation benefits even if the accident was my fault?
Workers compensation benefits is a "no fault" system, which means that you do not need to prove anyone whose negligence resulted in the injury. Fault is not the matter of concern, because according to workers compensation California law, you are entitled to benefits even if you caused your own injury.
However, you cannot intentionally cause harm to yourself in order to obtain benefits, but if you caused your own injury due to negligence then you are entitled of benefits. Worker’s suicide is also covered under worker's compensation.
What if your company or employer did not buy worker's compensation insurance?
According to worker’s compensation California law, any company or person that has at least one employee has to buy a worker's compensation policy. If an employer does not buy an insurance policy, then the state of California will pay compensation benefits to you. These cases require special attention, and our experienced compensation lawyer has handled many cases like this before.
If your employer intentionally fails to buy workers compensation insurance, the law allows you to file work compensation claims in civil court or through the compensation courts. However, a civil court claim could endure certain complications, so it is not always a better option to file your claim there. It may be better option to file your claim at the workers compensation appeals board. Any decision regarding a plan of action through these venues is important, and you should always consult compensation lawyers who are highly experienced with these types of claims.
If you think your employer has willfully uninsured you, then contact us and set an appointment to discuss your circumstance with one of our experienced compensation lawyer at GAYLORD & NANTAIS
When should I inform my employer about my work injury?
According to the law, you should notify your employer of your work injury within 30 days of the injury. If there is repetitive trauma injury, then you should notify your employer (a supervisor, someone in management or human resources) as soon as you become aware that your symptoms may be due to your work activities.
It is necessary that you should know about labor code section 3600(a) (10). This law states that if you are injured at work and fail to seek medical attention or notify your employer of the work injury compensation before a notice of termination then you won't be allowed to file your claim and obtain your workers’ compensation benefits. We have experience in handling these cases that were initially denied by the insurance companies under this law. However, our in depth investigation nearly always results in turning a denied claim under this section into an accepted claim and then benefits are paid to our client.
What type of work injury compensation is available for you?
- Medical Treatment: You are entitled to receive all necessary medical attention to cure or relieve you of your work injury
- Temporary Total Disability: This is your payment when your doctor declares that you are unable to work for a period of time.
- Temporary Partial Disability: This is the payment you will get when your doctor indicates that you can do limited work, but you will earn less than your regular full pay.
- Permanent Disability: This is the money which you’re compensated due to the effects of the injury.
- Medical Mileage Payments: The insurance company is entitled to pay your entire transportation expense incurred in driving to your doctors, pharmacies, and any other places to pick up medical equipment.
- Self-Procured Medical Treatment: The insurance company is entitled to reimburse all the expenses that have actually and reasonably incurred to attain medical treatment.
Will I be fired if I get an injury at work?
No, it's illegal for an employer to fire a worker because he or she got injured at work and he or she has filed a work injury compensation claim. Worker’s compensation California law provides an increase of 50 percent in your regular compensation if your employer fires you, demotes you, or does any act to discriminate against you because you have been injured at work.
If you are one of these victims, you should contact us immediately. There is short time limits to bring such a claim for 50 percent increase in compensation due to employer discrimination.
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