• JC Serrano

Injured At Work in California?

Updated: Jun 5

Find A Labor Lawyer for Worker's Comp in California


Not all injured employees would need the services of a lawyer. After all, the workers' compensation scheme is intended to be a simple administrative mechanism for employees to manage. You will usually manage your own claim if it is a simple one that your employer or the insurance provider is not contesting. Unfortunately, the procedure is not always so straightforward. Many employers will need to hire a California Labor Lawyer or will greatly benefit from doing so.


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An employee who is injured at work could have a claim that is not covered by workers' compensation, in which case a personal injury lawyer may be appropriate. You can normally sue your employer in court for a workplace accident if you were injured as a result of your employer's deliberate act or if you're a crew member on a vessel or an interstate railroad worker.


System of Workers' Compensation


If you are injured or sick at work, you are most likely entitled to workers' compensation insurance. Physical accidents, occupational disabilities, and certain psychological and stress-related disorders are all protected by workers' compensation. As long as the accidents or illnesses are work-related, they can happen at any time.


When it comes to work-related accidents and illnesses, workers' compensation is normally the only option for rehabilitation. This means you won't be able to file a civil case against your boss. Instead, you must file a claim with the workers' compensation department in your state. The majority of employers are expected to contribute to the workers' compensation scheme by providing benefits through the state's fund.


What Kinds of People Are Eligible for Workers' Compensation?


Anyone who is hurt on the job and has workers' compensation coverage can be eligible for benefits. These injuries may occur at work, when on a work-related errand, at a work event, or as a result of repetitive motion or damage caused by your job over time. It may also include serious injuries such as spinal cord injury or head trauma. Workers' compensation lawsuits are no-fault, which means that it doesn't matter who caused the accident. Accidents that occur during lunch breaks, on the commute, or if you are in some way intoxicated are not covered by workers' compensation insurance.


Workers' compensation benefits are not available to crew members on ships or interstate railroad workers. According to federal law, if these employees are hurt on the job, they must sue their employers rather than receive workers' compensation payments. The majority of other workers' compensation benefits are determined by whether they are employers or independent contractors.


Employees vs. Independent Contractors: What's the Difference?


An individual who is not an independent contractor but works for another person or organization is referred to as an employee. So, what's the distinction? There are several variables to consider when deciding the distinction, but in general, an employee is someone who:

  • works under the employer's supervision and control

  • performs the employer's daily company

  • utilizes the resources provided by the employer

  • has a long-term job with the company

  • has taxes deducted from his or her salary by his or her employer

An independent contractor, on the other hand, is the polar opposite. Independent contractors bring their own equipment, pay their own taxes, can be employed for a single work, and aren't actually doing the employer's daily company. Consider one of our prescreened California Lawyers in your California Attorney Search.


What Kinds of Advantages Are Included?


Workers' compensation can aid in a variety of ways in the wake of an accident. Employ' compensation plans do not only protect salaries, as many people are unaware. The funds will be used to cover a wide range of costs related to a workplace accident.


The majority of states' workers' compensation plans would cover the following benefits:

  • Expenses for medical treatment

  • Health costs are one of the first items you'll need workers' compensation to compensate. Specialist appointments, emergency department visits, laboratory tests, hospital stays, surgery, and other procedures fall into this category. Medical devices, such as a wheelchair or crutches, would almost certainly be covered by the policy. In general, worker's compensation ensures that you are not liable for copayments or bills incurred as a result of a workplace accident. Except in the case of an emergency, the workers' compensation insurance can require you to visit particular doctors and hospitals. These practitioners can not be in your normal network, depending on the situation.

  • Both Temporary and Permanent Disability

  • If you are injured on the job and are unable to work, you should be entitled to workers' compensation injury insurance. These disability aid services are divided into two groups: temporary and long-term. When an accident prevents you from doing your job, however, you plan to recover and return to work at some stage, you might be eligible for temporary disability compensation. Suppose you are unable to do part of your job or need to work fewer hours but can still complete certain tasks and work a reduced amount. In that case, you could be eligible for temporary partial disability compensation. Disability payments should cover the gap, ensuring that you do not go without compensation.

  • If your disability stops or limits you from doing your work, or the entirety of your job, forever, you will be considered permanently disabled. If you can do some but not all of your work, permanent disability can be able to make up the difference between your pre-accident and post-accident hours. If you are completely unable to function, disability can cover the bulk of your earnings.


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  • In certain situations, disability benefits are equivalent to about 75% of the earnings. Disability benefits are usually not taxable, which can seem inconvenient at first. As a result, your net disability benefit is equal to your pre-accident wages than it appears. Disability benefits are generally allowed in California for up to 52 weeks or one year.

  • Benefits in the event of death

  • Workers' compensation death insurance will help if an employee dies as a result of a workplace accident. These benefits will assist with covering the expenses of an unnecessary funeral. They don't stop there, though. You could be entitled to compensation if you were financially dependent on someone who died in a work-related accident. So that the loss of income does not devastate the family, workers' compensation is required to pay a percentage of the deceased's earnings to spouses and dependents. You have one year in California to apply for these incentives. These payments will continue until you remarry as a partner. When you reach the age of 18, your payments as a dependent will come to an end.

  • Regrettably, the post-death payment scheme is not as simple as it seems. In certain situations, such as stepchildren, unmarried spouses, and where the beneficiaries are other family members such as parents or siblings, the workers' compensation insurer might try to avoid paying.


Benefits Limitations


State laws can restrict the number of benefits to which you are entitled. Each state has its own set of rules for compensating victims of accidents. Some states have a list that assigns a monetary value to various types of injuries. Other states require compensation to be determined using a scale or classification system for accidents or disabilities.


Whatever the scheme, speaking with an California Employment Law Attorney to discuss the legal options is a smart idea.


What Happens If My Injury Occurs Outside of My Employer's Property?


The accident does not have to happen on the employer's property. If you are injured while working, you are entitled to workers' compensation insurance. Many forms of work-related activities occur outside of your employer's office or warehouse, including:

  • deliveries

  • meetings

  • work-related training

Travel to and from business meetings and work-related schooling are all considered part of one's job. Depending on the nature of the incident, an injury sustained at a company picnic or sporting event may be protected by workers' compensation.


Workplace Injuries That Aren't Covered By Workers' Compensation


Workers' compensation does not usually compensate for injuries sustained when driving to and from your daily place of employment. In addition, not all injuries sustained while on business would be protected by workers' compensation. If you get hurt while sightseeing or doing other non-business-related things on a business trip, for example, your damage is unlikely to be compensated.


What Happens If The Employer Isn't Covered by Workers' Compensation?


Workers' compensation insurance or self-insurance is required for all employees. You will normally take either or more of the following steps if your employer does not have insurance and is not self-insured:

  1. You have the right to sue your boss (another exception to the rule that you cannot sue your employer for a work-related injury)

  2. You will file a workers' compensation claim with the special fund for uninsured workers' compensation claims in your state (if your state has such a fund)

  3. If you are injured at work, and the employer does not have workers' compensation benefits, you can immediately contact an L.A. Employment Law Attorney


What is the difference between a personal injury claim and a workers' compensation claim?


The most significant distinction between a personal injury and a workers' compensation lawsuit is that a personal injury claim is founded on fault, while a workers' compensation case is not. To recover damages for a car accident, a slip and fall, or some other form of a personal injury lawsuit, the other party must be liable, which means that the other party must have done something wrong.

  • Cases of Personal Injury

  • Consider a standard slip-and-fall case to better appreciate the idea of blame in a personal injury lawsuit. Simply because you slipped and fell on someone else's land does not mean the owner (or anyone else) was careless. Accidents do happen when no one is to blame.

  • You and your counsel must show that the other party negligently handled the property in order to recover damages for falling on their property. To put it another way, you must prove that the other party committed a mistake. In the same way, if you're in a car crash, you can only sue the other driver for damages if the other driver was at fault.

  • Worker's Compensation Cases

  • With a few exceptions, any person injured on the job is entitled to workers' compensation insurance in a workers' compensation situation. Compensation for workers has nothing to do with blame. To be eligible for workers' compensation payments, you do not need to show that your boss or coworkers did anything wrong. You are also entitled to workers' compensation insurance even though you were incompetent and your negligence caused your injury.


Damages for Pain and Suffering


The most significant difference in damages between a personal injury claim and a workers' compensation case is that you are not entitled to benefits for pain and suffering in a workers' compensation case. In a personal injury case, you have the right to be compensated for all of your losses. Among the types of losses are lost wages, lost earning ability, medical costs, potential medical expenses, permanent disability, pain and suffering, and lack of enjoyment of life (also known as hedonic damages).


However, you will only claim weekly pay, lifelong disability insurance, medical costs, and career training in a workers' compensation situation. In a workers' compensation situation, you cannot be compensated for pain and suffering. This is because workers' compensation is essentially a trade-off between employers and employees.


Until workers' compensation regulations were enforced at the turn of the century, the only recourse for injured workers was to sue their employers for negligence. The employee received nothing if the employer was not liable or if the employee did not sue or make a lawsuit against the employer.


Normally, you are unable to sue your employer or coworkers.


Workers' compensation legislation guaranteed that all injured employees receiv