Workers' Compensation

Reporting A Work-Related Injury

Report work injuries to your employer right away and request a workers' compensation claim form.¹ Reporting triggers your employers duty to provide medical treatment while the insurance company decides to either deny or accept liability for your injury.

Filing for a Workers Comp. Claim

Filing for Workers' Compensation benefits, both you and your employer have specific responsibilities. Workers Compensation is an insurance program put in place by the federal government to medically treat and compensate workers who have actually been injured on the job. State mandated insurance coverage that supplies compensation to staff members who suffer occupational injuries and illnesses. Sometimes, victims of work injury have to handle intimidation or resistance on the part of their companies or the insurance company, and we will be their if an appeal is required and to battle any legal issues that develop.

Workers' compensation was initially created to be a simple no-fault system. Since job-related injuries can create many problems for workers and their households, workers' comp. benefits are crucial. Our law firm has mastered a number of elements of workers compensation claims, which arise from vehicle accidents, slip and falls, burns, work accidents and other office related accidents leading to injury or illness. Workers' compensation insurance is planned to provide medical benefits, replacement salaries, and more for workers who suffer work-related diseases, injuries, or other medical concerns.

Benefits Available Under Workers' Compensation

Workers' compensation law provides for a no-fault system for distributing benefits. This means that so long as the injury occurs at work (with some exceptions discussed below), help is available. Once it is established that the health condition is due to job accident or job factors, the worker is covered. The Code provides for four main benefits and the availability and amount able to be collected varies significantly depending on the nature and extent of the health condition or illness as well as the administration of the policy by the insurance company. Medical Care/Treatment: To cure or relieve the work related injury or illness.

The four main benefits available:

• Medical Treatment to cure or relieve the work-related injury
• Temporary Disability: Money provided to the injured employee as a form of wage replacement while they recover.
• Permanent Disability Benefit: Money provided to the employee to compensate them for a loss of earning capacity due to a work related injury or illness that is permanent in nature
• Job Retraining Voucher: A very limited voucher to be used to retrain an employee who cannot return to their old job because of the job accident or job illness.

Every person’s condition and circumstances are completely unique and will change what and the amount available under workers compensation law. Therefore, it is of absolute importance to seek the advice of an experienced lawyer for advice about a each personalized case.

Workers' Comp. Work Injury Claims Process

Each local district office of the WCAB houses judges that hear disagreements and issue decisions that are binding on all parties concerned. It is every victim’s right to have an attorney at any time during the claims process and to file a case with the WCAB. In fact, most injury victims choose to have an attorney to help them file a lawsuit and make sure their claim is properly administered. This is because, despite being a no-fault benefits system, the process is extremely adversarial. Generally speaking, this is due to the insurance company’s inherent tendency to limit the amount paid to employees as a way to increase profits and lower costs to their client, the employer.

Types of Injuries Covered Under Workers' Compensation

1. The first type that is covered is one that arises on the job from a specific instance of trauma to the body such as a slip and fall resulting in a broken leg.The Two mechanisms of injury are covered under the system.
2. The second type of recognized mechanism arises from repetitive job activities such as typing leading to carpal tunnel syndrome. Toxic exposure cases and psychiatric disorder are also covered and each could fall under either mechanism depending on the circumstances. Psychiatric disorder claims are covered, however, unique rules for collecting  apply under Labor Code Section 3208.3 so consulting a lawyer about collecting for psychiatric disorder is always a must.

In all circumstances, the injury or illness must at the very least arise out of and in the course of the employment. Once this is established (with the exception for psychiatric disorder that has special rules), there is usually coverage.