Workers Compensation Lawyer Help for Work Injury Victims in California –
Workers Compensation Lawyer helpful information – Under the California Workers’ Compensation Act, employers are required by law to provide adequate medical treatment and pay workers’ compensation benefits to employees who have been injured on the job. As an employee, the injured party is required under the same law to report their injures and file a claim for workers’ compensation benefits on time.
What to Do After an Injury On the Job
After an injury on the job, employees should act quickly to seek medical attention and document their claim. In an emergency situation, the employee can go to the nearest medical facility available and under the California Workers’ Compensation Act, the employer must pay. In non-emergency situations, the employer may send the injured employee to the medical facility of their choice.
The injured employee should report the injury to their employee immediately or within 30 days. This is very important due to the fact that if the employer is not notified within a reasonable amount of time, the injured employee may lose their right to receive workers’ compensation benefits.
Which Types of Injuries Are Covered by Workers’ Compensation Insurance?
This type of insurance is put in place to cover injuries resulting from either an employee’s carelessness, the employer’s carelessness or a combination of both. While the range of situations and injuries covered under workers’ compensation insurance is broad, there are several different limitations to be aware of. In California and many other states drug and alcohol testing may be required for injured employees making a claim. From there an employees claim may be denied if the tests prove they were under the influence of drugs or alcohol at the time the injury took place.
Workers’ compensation benefits claim may also be denied if there is evidence that the injuries were self-inflicted, if the employee was violating any laws or company policies, and of course, if the employee was not on the job at the time the injury took place.
What Expenses Are Covered under Workers’ Comp Claim?
In most cases wage replacement under workers’ compensation is about two/thirds of the employees average wage with a fixed maximum amount that may be paid out. Other expenses that are covered include:
- Medical care resulting from the injury or illness
- Retraining costs
- Compensation for permanent injuries
- Survivors benefits in the event that a worker is killed on the job
Employees should keep in mind that once they accept workers’ compensation benefits, they cannot sue the employer for damages later on. Because workers’ compensation benefits do not cover pain and suffering, many employees may choose to hire an attorney to fight their case in court.