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Workers' Compensation Lawyers in California
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Workers' Compensation Is a No-Fault Insurance
Workers’ compensation is a no-fault insurance system that provides financial benefits to workers who suffer from workplace injuries or illnesses. This system ensures that the injured worker can receive medical care and lost wages, regardless of who is at fault for the injury. In California, both employers and employees contribute to this no-fault insurance pool. Therefore, when a worker suffers an injury in the workplace, they are entitled to workers’ compensation benefits regardless of who is at fault.
How Do Workplace Injuries Happen?
Workplace injuries can happen for various reasons, ranging from unsafe working conditions to employee negligence. [1]
Work-related injury causes can be broken down into one of several groups, including:
- Exposure to harmful substances or environments
- Overexertion and bodily reaction
- Slips, trips and falls
- Contact with objects and equipment
- Transportation incidents
- Violence and other injuries by persons or animals
California Workers' Compensation Laws
If you get hurt on the job, you may be entitled to receive benefits through California’s workers’ compensation system. This system is regulated by the Division of Workers’ Compensation (DWC). Under the DWC, injured workers are entitled to medical care and reimbursement for lost wages related to their injury.
In California, employers must provide workers’ compensation insurance to their employees or they can face penalties. The DWC also sets out guidelines for how much compensation an injured worker is entitled to, including medical bills, lost wages, and other benefits.
What Should You Do If You're Injured at Work?
If you suffer an injury in the workplace, it’s important to take the necessary steps to ensure that your rights are protected. The first step is to report the injury to your employer right away.
Fill out the Workers’ Compensation Claim Form (DWC 1)
Seek medical attention for your injury. This will ensure that you receive the medical care that is necessary to treat your injury and help you recover as quickly as possible. Additionally, it is important to keep detailed records of all medical bills and lost wages related to your injury. These records can be invaluable when filing for workers’ compensation benefits.
If you are having difficulty navigating the workers’ compensation system or obtaining the benefits that you believe you are entitled to, it is important to contact an experienced California workers’ compensation lawyer. Our workers’ compensation lawyers can help ensure that your rights are protected and that you receive the full amount of benefits that you deserve.
What Are My Rights After Being Injured at Work in California?
When you are injured on the job, you have certain rights that must be protected. These include medical treatment and benefits, a safe workplace, and protection from retaliation for filing a claim.
Your employer must provide all necessary medical treatment related to your injury. This includes doctor visits, hospital stays, physical therapy, and medications.
Your employer is also responsible for providing a safe workplace. This means that they must follow all safety protocols and regulations to prevent injury in the workplace.
Lastly, you have the right to be free from retaliation for filing a workers’ compensation claim. Your employer cannot punish or discriminate against you for filing a legitimate claim or attempting to receive benefits. If you feel like your employer is retaliating against you, contact an experienced workers’ compensation lawyer right away.
Table of Contents
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Workers' Compensation Is a No-Fault Insurance
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How Do Workplace Injuries Happen?
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California Workers' Compensation Laws
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What Should You Do If You're Injured at Work?
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What Are My Rights After Being Injured at Work in California?
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Types Of Workers’ Compensation Benefits Available in California
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California Workers' Compensation Benefits
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How Long Does Workers Comp Last in California?
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Does Blame Matter in Work Comp Cases in California?
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What Are the Most Common Workplace Injuries?
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How Does A Workplace Injury Lawyer Help With Benefits?
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How Much Does a California Workers' Compensation Attorney Charge?
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Seeing a Doctor for the First Time After a Work Injury
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Contact A Work' Comp Attorney If Your Employer Will Not or Cannot Help You
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Keeping Your Job After Filing a Work Comp Lawsuit
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Third-Party Liability in California Workplace Injury
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How Our Experienced California Workers' Compensation Lawyers Can Help
Related Information
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Workers Compensation
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Backdated Benefits
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Death Benefits
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Work Comp Fraud
California Workers' Compensation Benefits
In California, workers who are injured on the job are eligible to receive two-thirds of their pretax gross wage, as dictated by state law. There is also a maximum allowable amount.
These Benefits can be broken down into the following:
Temporary Disability – Temporary disability payments are safety nets for injured workers. If you get injured on the job and cannot work, you may be eligible for temporary disability payments. These payments are usually 2/3 of your gross income and are tax-free. Gross income includes pre-tax earnings such as wages, tips, commissions, bonuses, and overtime. The specific amount of temporary disability depends on the individual circumstances of each case.
Permanent Disability – Permanent disability payments are provided to injured workers who are permanently unable to perform their previous work or activities. These payments are given separately from temporary disability and medical treatment, and the amount awarded varies depending on each individual case.
Doctors assign an impairment number based on their medical report to determine permanent disability benefits. Apportionment determines the role of a work injury in the disability if it was caused by something other than the injury suffered at work.
Medical Treatment – In California, injured workers have the right to necessary medical treatment for on-the-job injuries, which employers or their workers’ compensation insurance must provide.
Types Of Workers’ Compensation Benefits Available in California
Need help with your California workers’ compensation claim and not sure what benefits are available? Talk to an attorney at Canlas Law Group, APLC, in Cerritos, California.
Medical Treatment
In California, injured workers have the right to medical treatment that is necessary to cure and relieve the effects of injuries caused by on-the-job injuries. The law requires employers or the employers’ workers’ compensation insurance providers to provide any reasonable treatment for injuries suffered on the job.
Lifetime Medical Care
Medical treatment for work injuries can extend for long periods of time, and it is not your responsibility to cover any costs associated with your work injury during your treatment. If you require medical treatment for the rest of your life, the workers’ compensation insurance carrier should be responsible for covering the expenses for the duration of your medical care.
Supplemental Job Displacement Voucher
If an individual has not returned to work after receiving clearance from their doctor, they may qualify for a voucher that will be provided to a school. The voucher amount will be determined by the individual’s disability, typically ranging from $6,000 or more or less, depending on the date of the injury.
Dependent Death Benefits
Workers’ compensation provides benefits to qualifying dependents and covers burial expenses in the event of a work-related injury or medical condition that results in the death of the worker. The maximum benefits for dependents are $320,000, and burial expenses are covered up to $10,000.
How Long Does Workers Comp Last in California?
Temporary disability benefits in California usually terminate after 104 weeks, although there are certain circumstances where exceptions may be made, such as for severe burns or chronic lung disease, which could potentially extend the benefits for up to 240 weeks.
At Goldberg & Loren, we will thoroughly investigate your case and gather evidence to build a strong claim for compensation. We will fight for the maximum compensation possible under Oregon Personal Injury Law.
Does Blame Matter in Work Comp Cases in California?
No, You receive benefits no matter who was at fault for your job injury. You can’t sue your employer for a job injury (in most cases). It’s illegal for your employer to punish or fire you for having a job injury or for requesting workers’ compensation benefits when you believe your injury was caused by your job. [2]
What Are the Most Common Workplace Injuries?
Some workplace injuries are common across all industries, such as slips and falls, back injuries, repetitive motion injuries, and carpal tunnel syndrome.
Some of the most common workplace injuries in California include:
- Amputation
- Arm, shoulder, wrist, or elbow injuries
- Back injuries
- Broken bones
- Burns
- Electrical shocks
- Eye injury
- Hearing loss
- Paralysis
- Severe laceration (cut)
- Slip and fall
- Spinal cord injury
- Traumatic brain injuries
- Whiplash
- Wrongful death
- Other injuries
How Does A Workplace Injury Lawyer Help With Benefits?
Our workplace injury lawyers can help injured workers in California understand their rights and receive the benefits they are entitled to. Our experienced California workers’ compensation attorneys will investigate the circumstances of the injury, collect evidence, and fight for a fair settlement for our clients.
We will work closely with medical providers, employers, and insurance companies to make sure the worker receives all necessary medical treatment and compensatory benefits that they are entitled to under the law.
How Much Does a California Workers' Compensation Attorney Charge?
A California workers’ compensation attorney typically charges a fee on a contingency basis, meaning that the attorney’s fee is based on a percentage of the settlement or award.
The workers’ compensation judge will authorize the attorney’s fees based on the amount of work that was done and how much was recovered for the client. Generally, attorneys will take a percentage of all benefits that are paid out over time of 10%, 12%, or 15%.
Seeing a Doctor for the First Time After a Work Injury
The first time you meet with a doctor is very important. It is important to be prepared for your first doctor’s appointment after a work injury. Be sure to bring any relevant documents and information that might help the doctor make an accurate diagnosis, such as a medical history or records from related injuries or illnesses. Additionally, have a clear understanding of what type of treatment the doctor plans to provide and its expected timeline.
Be honest and open about the symptoms you are experiencing and any relevant information that could help the doctor make an accurate diagnosis.
If you have any questions or concerns, don’t hesitate to ask them. Questions to ask would be:
- What treatments will be necessary for my injury or illness?
- Will there be any long-term effects of this injury or illness?
- What is the expected timeline for my recovery?
- What can I do to speed up the healing process?
- Will I need additional medical care or visits in the future?
Contact A Work' Comp Attorney If Your Employer Will Not or Cannot Help You
If your supervisor or employer will not help you file a workers’ compensation claim or provide benefits, it is important to contact an experienced workers’ compensation attorney as soon as possible.
An experienced California workers’ compensation lawyer can help ensure that your rights are protected and that the process runs smoothly and efficiently. Our attorneys can also provide advice on how to appeal a denied claim and what kind of benefits you may be entitled to.
With decades of experience, our attorneys have a thorough understanding of the complex laws and regulations that govern workers’ compensation claims in California. We are prepared to fight for you and get the best possible outcome for your case. You may also call 1-800-736-7401 DWC Information Services Center to speak to a representative.
Keeping Your Job After Filing a Work Comp Lawsuit
In the state of California, there is a law that protects employees from retaliation if they file workers’ compensation claims. This means that employers are not allowed to punish employees for filing a legitimate claim or try to discourage them from filing.
California Labor Code § 132(a) forbids “discrimination against workers who are injured in the course and scope of their employment.”.
This does not mean you are absolutely protected, and your actions following a work comp claim are just as necessary. Insubordination, being rude to colleagues or supervisors, or disrespect can still lead to discipline.
It is important that you continue to act professionally and follow company rules after filing a work comp claim. Doing so may help protect you from potential retaliation. If you feel like your employer is retaliating against you for filing a claim, contact an experienced workers’ compensation lawyer right away.
Third-Party Liability in California Workplace Injury
When someone is injured on the job, the employer may be found liable for the injuries sustained. However, there are cases where an outside party or third party may also be found liable for injuries suffered while at work. This type of liability is known as third-party liability.
In cases of third-party liability, the injured worker may be able to receive compensation from both the employer and the third party.
Common examples of third-party liability include:
- Negligence of a contractor or subcontractor working on behalf of the employer
- A product defect caused an injury at work
- A motor vehicle accident caused by a driver who was not employed by the company
It is important to contact an experienced workers’ compensation lawyer to ensure you are receiving all the benefits and compensation you are entitled to. An attorney can help investigate whether a third party is liable for your injuries and, if so, pursue legal action against them.
How Our Experienced California Workers' Compensation Lawyers Can Help
With over 30 years of experience in work comp law, our worker’s compensation attorneys have the knowledge and expertise to get the results you deserve. We are dedicated to fighting for justice for injured workers in California.
Our experienced legal team will work hard to get you the medical treatment and financial compensation that you need and deserve. We understand how difficult it can be for workers after an injury, and we are here to help. Contact us today for a free consultation.
Sources:
[1] Top Work-Related Injury Causes – Injury Facts. (2023, January 9). Injury Facts. https://injuryfacts.nsc.org/work/work-overview/top-work-related-injury-causes/
[2] https://www.dir.ca.gov/injuredworkerguidebook/injuredworkerguidebook.pdf
If you have been injured in the workplace, we can help you get the compensation you deserve. Contact us now.
We Represent Employees Injured in the Workplace all over California Including the Following Cities and Communities:
- Los Angeles, CA
- San Diego, CA
- San Jose, CA
- San Francisco, CA
- Fresno, CA
- Sacramento, CA
- Long Beach, CA
- Oakland, CA
- Bakersfield, CA
- Anaheim, CA
- Stockton, CA
- Riverside, CA
- Irvine, CA
- Santa Ana, CA
- Chula Vista, CA
- Fremont, CA
- Santa Clarita, CA
- San Bernardino, CA
- Modesto, CA
- Fontana, CA
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