California Worker’s Compensation Law
Being injured, losing work and income, and struggling to pay for medical bills is a terrifying situation. Fortunately, California employers are legally required to carry worker’s compensation insurance, also known as worker’s comp. Worker’s comp insurance provides benefits to full-time and part-time employees if they sustain work-related injuries or health conditions. Employees are legally entitled to rights and benefits under California worker’s comp law, which include:
Medical Attention: Any medical services and care you receive related to the injury or health condition sustained from work-related activities.
Temporary Disability Benefits: Wage compensation to pay you while you are recovering and unable to work.
Permanent Disability Benefits: Long-term or life-long pension compensation if you sustain a permanent debilitating injury or condition.
Supplemental Job Displacement Vouchers: Vouchers to help pay for retraining or new skill development if you can’t return to your former job or fully recover.
Death Benefits: Payments to spouse, children, or other family or dependents if death occurs.
It’s important to understand California Workers Compensation law. Under the California Labor Code, it can be a criminal offense if an employer fails to carry worker’s comp insurance or provide workers with legal information. Additionally, employees have certain rights that can be claimed and upheld during the worker’s comp process. While workers have plenty of recourse under California law, failing to exercise those rights or mishandling the claims process can lead to a loss of benefits.
What Initial Steps Do You Need to Follow If You Are Injured on the Job in California?
If you sustain a work-related injury or health condition in California, promptly taking the proper steps is necessary to receive full worker’s comp benefits. First, you must officially report your injury to your employer within 30 days, or you may lose some of your rights and benefits. When you tell your employer you sustained a work-related injury, they have one day to provide you with a California Workers Compensation form. You must complete this form and give it to your employer to officially begin your claim and benefits filing process.
The second thing you should do is seek medical attention. You should inform your employer that you’re injured and seek medical care based on their recommendation or your specific needs. If it’s an emergency, seek medical attention before filing paperwork. But make sure you begin the legal claims process as soon as possible. Remember to let the healthcare provider know you sustained the injuries during your work duties and explain all relevant details that support your position. This information may later be helpful when filing your claim. If possible, avoid blaming yourself for any injuries or conditions you’re suffering.
What Should You Expect in a Worker’s Compensation Case?
Despite all the rights and protections guaranteed to employees under California Workers Compensation law, the claims and benefits filing process can be challenging. California Workers Compensation cases can be extensive and time-consuming. Struggling with an injury while navigating a complex legal, financial, and bureaucratic landscape can also be extremely overwhelming.
Additionally, employers and insurance providers are not necessarily on your side. They may investigate, challenge, and dispute your claims to save money and protect their interests and reputation. And they won’t pay any more benefits than legally required. Claims may need to go before courts, judges, and appeals processes. Likewise, medical bills can be expensive and difficult to pay when you’re not earning wages. Even if you receive benefits, they may only cover some of your expenses. Additionally, navigating the healthcare industry and seeking the proper care from medical experts can also be difficult.
Under certain circumstances, employers may attempt to directly or indirectly retaliate against employees filing California Workers Compensation claims. Worker’s comp claims make employers look bad, raise insurance premiums, draw attention to possible regulatory violations, and cost employers time, money, personnel, resources, and productivity. Many employers try to discourage workers from filing California Workers Compensation claims. They may also fire or attempt to punish employees who report injuries or seek benefits. While these retaliatory behaviors are illegal, they often do occur. Employees must be aware of these threats and take proper steps to protect themselves legally.
Why You Need an Expert California Worker’s Compensation Law Firm with Case Experience to Represent You.
You have many legal rights as a worker, but enforcing those rights takes skill and experience. If you’re concerned about the California Workers Compensation process, it’s best to speak to an experienced legal team to represent your interests and fight on your behalf. An expert law firm specializing in California Workers Compensation proceedings will know how to intelligently navigate the complex process to secure your full benefits quickly. While dealing with attorneys can seem like another daunting personal, legal, and financial burden, the good news is that most California Workers Compensation lawyers work on commission and are bound by attorney-client privileges and regulations. In other words, California Workers Compensation lawyers are legally required to fight on your behalf, and most only get paid after you receive your benefits.
If you need help with the California Workers Compensation process, speak to Kesh Law. Talking to Kesh Law can expedite your claims process, secure your benefits, and help you avoid costly mistakes. Depending on the severity of your case and injuries, it may be wise to speak to Kesh Law before communicating with your employer or seeking medical attention to ensure you proceed as effectively as possible. The skilled California Workers Compensation attorneys at Kesh Law will tell you exactly what to say, do, and file to ensure you receive your full legally entitled benefits as soon as possible.
