- July 19, 2017
- Civil Rights
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Filing a Workers’ Compensation Claim in California
Under California Law, it is required that all employers provide their employees workers’ compensation. Under this protection, workers are compensated and provided with a safety net if they were to fall injured. Monetary benefits compensate for the momentary loss of a paycheck so as to not further harm the injured individual. Yet, due to many obstacles often installed by employers or corporations, accessing that money may become a struggle for someone who has no prior experience with such legal matters.
If you are in this situation, where you know you are entitled to workers’ compensation but can not get around the legal hurdles, we here at Carrazco Law A.P.C. can help. Our lawyers know how to overcome the barriers and can get you the compensation that is rightfully yours. On-the-job injuries are not to be taking lightly. They can vastly affect not only one as a person but one’s family and financial stability. That is why we work as effectively as we do, for you. We work hard to get you the compensation you need as fast as possible so as to help as soon as possible.
Our team has taken on several cases such as these. We have great experience and knowledge with the inner workings of worker compensation.
If you are curious as to your rights in the workplace and how we are of aid to you, call 1-800-541-3244 to receive a free consultation from a member of our legal team.
What Injuries Qualify for Workers’ Compensation in California?
If you have been injured while at work, it is crucial to know what is covered by California’s workers’ compensation laws. These laws establish the rights and liability that is concerned with workers and their rights to receive compensation. However, it is also important to note when one is entitled to compensation from one’s employer. Not all injuries are covered by one’s employer. Yet, it is important to note when one is entitled to compensation so as to pursue one’s rights. The following state what and when one is eligible for compensation.
To be covered by California compensation laws, your injury-causing incident must fall into the falling categories:
- You must be employed by a company and be inadequate standing to receive workers’ compensation coverage under California law.
- The injury, illness, or disability that you suffered or are currently undergoing occurred as a result of your employment or while you were performing the duties involved while working.
- You gave your employer a written notice of the incident that caused your injury or illness within 30 days of when it took place.
- A medical report states that your injury, disability, or illness was caused by an on-the-job accident or condition
Unfortunately, even incidents that clearly qualify for compensation may be disputed by employers and their insurance providers. We do our best to fight for you, however, to make our case more viable, you will need to collect sound evidence that supports your case alongside medical records to prove that you rightfully deserve compensation for the appropriate set amount of time.
What are Workers’ Compensation Benefits in California?
California State law provides many different types of benefits for injured workers, with the goal of avoiding financial hardship and by helping victims return to work as soon as possible.
If you are found to qualify for workers’ compensation, benefits may include:
- Payments equal to about 66% of your average weekly wage
- Reduced earning compensation to make up for a decreased ability to work if you have suffered a partial disability
- Medical treatment that is paid by the workers’ compensation provider
- Monetary Compensation for any injuries resulting from the incident
- Injuries can include even those which do not impair your ability to work
- Reimbursement for traveling to doctors or therapists and out-of-pocket expenses related to your injury
How Can a California Workers’ Comp Attorney Help?
These benefits are based on the nature of your injuries, the duration in which you are unable to work, and what is needed for recovery. As such, it is vital that you collect evidence and testimony that proves the true extent of your losses so that you can gain fair and full compensation. If you are an Injured Worker, you will have to be regularly evaluated by doctors and must complete hearings with the Workers’ Compensation Board to prove that your injuries or disabilities are preventing work.
Without workers’ compensation benefits, the cost of recovery and lost wages from being unable to work can fall on you with no assistance from insurance providers. We here at Carrazco Law can provide you with a dedicated CA workers’ compensation attorney that can help you secure the settlement you need.
What is Temporary Partial Disability?
Temporary Partial Disability (TPD) is available to employees who have been injured at work and are still in the process of recovery. It usually applies to those who are still able to do light or restricted labor. If the injured worker is able to earn their salary while working light labor, then TPD may not be available. However, if the injury caused the worker to have any deduction from their usual paycheck, TPD may be applicable.
Does a Workers’ Comp Case Effect Job Security?
Many workers who have been injured at work, out of fear of becoming unemployed feel as if that they can not file a worker’s’ compensation claim. California workers often assume that pursuing a workers’ compensation claim will cost their employer money. This is not true. The vast majority of California business carry workers’ compensation insurance so they don’t have to pay for worker injuries out of the company’s pocket. Your workers’ compensation claim should affect your job security.
Can California Domestic Workers Get Workers’ Compensation?
Many California families depend on the help of babysitters, housekeepers, gardeners, and nannies. When a domestic worker suffers an injury, it may not be clear if the homeowner is considered an employer or if the domestic workers are considered a contractor. Remember, a homeowner doesn’t have to run a business to have “employees.” Domestic workers may be considered “resident employees” who professional provide household services. If a homeowner decides to hire residence employees, they must obtain workers’ compensation insurance to cover domestic workers.
Who Pays Workers’ Compensation Insurance for Temporary Workers?
In California, temporary workers who are injured will have their workers’ compensation insurance covered by the staffing or temp agency who assigned the worker to their job. Temporary or seasonal workers in California have all the same workers’ compensation benefits as any other regular, full-time employee.
Finding a Skilled CA Workers’ Comp Attorney
If you are searching for fair and full compensation for your on-the-job injuries, get in touch with the skilled California accident attorneys at Carrazco Law A.P.C. today by calling 1-800-541-3244. Our legal team can provide you with a no-cost consultation. We will provide you with the legal representation that you need to receive the appropriate compensation. Don’t let injuries cause you financial burden and unnecessary stress. We at Carrazco Law are here to help. Get in touch with one of our attorneys today.