Workers' Compensation
California law provides workers’ compensation benefits for injured workers. If you were injured or became ill while performing the duties of your job, you are probably covered by workers’ compensation and are entitled to receive certain benefits. You can file a workers’ compensation claim in California if you are injured while working or otherwise because of your work. Specifically, an injured employee or the employee’s attorney need to show that the injury arose out of or in the course of employment. Additionally, to be entitled to workers’ compensation benefits, an injured individual must show that he or she is an actual employee of the business and not merely an independent contractor.
In many cases, workers’ compensation claims are handled fairly and expeditiously by employers and their insurance companies, and injured workers receive the benefits they are owed. Unfortunately, in other situations, employers or insurance companies may unfairly deny claims, refuse to file or process valid claims, or otherwise obstruct the process. California workers’ compensation attorneys help injured workers and their loved ones obtain the compensation the law says they are entitled to receive.
If for some reason you are not legally entitled to the workers’ compensation, you will still have another option of suing your employer and other liable parties for your personal injuries. That’s why it would be wise to quickly contact an experienced and impartial firm such as Legal Passkey to better evaluate your case and determine if you are entitled to workers’ compensation and/or other reimbursement, and to find out whether you need to hire a workers’ compensation or a personal injury attorney, or both.
Understanding CA Workers’ Compensation Benefits
All employers in the state of California are required to participate in the workers’ compensation program, which was designed to protect workers from the financial consequences of becoming injured on the job.
In general, workers’ compensation provides payment for your reasonable medical care, including medical visits, prescription medications, rehabilitation, job displacement and training benefits, and certain other expenses related to your injury or illness. Workers’ comp also pays lost wages to injured workers and death benefits to the dependents of workers killed due to workplace accidents or hazardous conditions.
Workers’ compensation injuries can be one-time events, such as injuries sustained in a slip-and-fall accident or an incident involving workplace machinery. Work-related injuries can also be cumulative or repetitive use injuries sustained over a period of weeks, months, or years of moving your body in the same way. Neck and back injuries, carpal tunnel injuries, and illnesses related to exposure to toxic substances are all examples of repetitive use injuries.
Lost wages due to workplace injuries may fall under one of two categories: “Temporary Disability Benefits” or “Permanent Disability Benefits.”
In addition, you can receive various types of treatment for your work-related injuries, and other benefits such as Employment Development Department (EDD) benefits, supplemental job displacement benefits, and others, depending on the circumstances of your matter.
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What Can a Workers’ Compensation Attorney Do?
There are many reasons you might consider consulting with Legal Passkey to understand whether you need to hire one of our workers’ compensation or a personal injury attorney, or both. Sometimes, people who suffered one-time or cumulative use work-related injuries are not sure if their claim is compensable, and what should be done for the maximal possible compensation. Our skilled professionals can help you evaluate the circumstances and advise you on next steps related to your claim.
Injured workers and their loved ones also hire workers’ compensation and personal injury lawyers to help when injury benefit claims are denied, when there are concerns that the employer or insurance company miscalculated benefits, when previously-approved benefits are discontinued, or when certain treatments are denied while others are approved. It is also illegal for employers to retaliate against or fire workers who file benefits claims for job-related injuries. If you believe your employer or previous employer took retaliatory action against you, then an employment lawyer can also be involved to help protect your rights with this regard, too.
California laws, including workers’ compensation, personal injury, employment, and other related laws can be complicated and even confusing. While intended to protect workers and their families, these laws, rules, and regulations can be difficult to navigate not only for employees but also for attorneys who are specialized in only one area of law. Only highly experienced and knowledgeable attorneys who regularly handle similar matters understand the nuances and complexities of these rules as well as the regulations insurance companies must operate within. Legal Passkey can help you compile evidence to evaluate your claims, and direct you to our best lawyers for handling your case, professionally representing your legal matters, and communicating with all relevant parties on your behalf.
