Get What You Deserve
Accidents will occur regardless of how careful or safe workplaces are. Employers are likewise at risk from the dangers of the workplace. However, the danger to employers is more monetary than physical. Prior to the current system, a worker who sustained an accident in the workplace could have filed a lawsuit against the company’s management or owner.
This situation can potentially escalate into an expensive and time-consuming legal battle for both sides. Because of this very problem, the workers’ compensation system was created. Worker compensation laws exist to shield workers and businesses from financial hardship in the event of an on-the-job injury or illness, and to provide quick and inespensive treatment for work-related injuries.
Californian Employees’ Rights To Workers’ Compensation
If a worker is hurt at work or due to their employment, they should never have to pay medical bills. All or part of an employee’s medical expenses and any time away from work due to injury is compensated by workers’ compensation benefits, which employers are obligated to provide by law.
Any time an employee has an injury on the job, it must be reported immediately. A worker’s entitlement to workers’ compensation payments may be forfeited if the event is not reported within 30 days. The following step, if needed, is to get urgent medical attention. Remember to mention to your doctor that you were hurt on the job. The employee should get a workers’ compensation claim form from the company immediately after the incident, fill it out completely, and return it. The burden of getting the paperwork to the claims administrator is on the shoulders of the employer.
Upon receiving a complaint of injury, an employer has one business day to approve up to $10,000 in necessary medical care while the administrator analyzes the claim. Once a claim for workers’ compensation benefits has been processed and accepted, the insurance provider is responsible for covering all costs associated with the injury and providing any necessary disability payments.
Workers’ compensation will provide financial support to the employee’s dependents and cover up to $10,000 inappropriate funeral costs if the employee dies due to an accident or sickness sustained on the job. When an employee has an accident that prevents them from returning to work, the company will provide a voucher to go toward the cost of retraining for a new career.
Guide for Employers Regarding Workers’ Compensation in California
Make sure you’re familiar with California’s workers’ compensation regulations. Your company must meet three legal obligations:
- Cover yourself and your employees with workers’ comp.
- Give each new employee a booklet or pamphlet explaining the workers’ compensation system.
- Put a sign that reads “Notice to Employees” in the break room.
You can’t have your workers contribute to or cover the cost of this insurance in California. Coverage won’t be deducted from their wages, health insurance, or other perks. The trade-off is that workers often cannot sue you in the event of a work-related sickness or accident.
Insurance for workers’ compensation may be purchased from a commercial insurer or the State Compensation Insurance Fund (State Fund). If no commercial insurer covers a corporation, State Fund will. Private insurance firms are subject to governmental oversight but have considerable autonomy in pricing and client acceptance.
Factors such as a company’s industry, number of employees, types of work performed, history of work-related injuries, payroll, and others affect the amount of coverage a business requires and the cost of workers’ compensation insurance. A commercial broker or agent may assist a firm with obtaining workers’ compensation insurance via the State Fund or self-insurance.
The Workers’ Compensation Process
It is advisable to consult a lawyer as soon as possible in your workers’ compensation case. We can ensure that your first application is complete and avoid many mistakes individuals make while navigating the procedure independently.
In the first phases of the workers’ compensation procedure, we may assist you by:
- Finding an authorized medical practitioner.
- Completing the necessary documents.
- Ensuring you are meeting all eligibility criteria to continue receiving benefits.
- Developing the necessary medical proof to establish the severity of your injuries and get the compensation you need.
If your employer refuses to offer the benefits mandated by California law, a worker’s compensation attorney will aggressively assist you in obtaining the essential benefits. They shall:
- Collect medical records and necessary documents
- Schedule medical professionals
- Represent you during your hearing for workers’ compensation.
California Employment cases can be complex. Your employer will likely fight back against a wrongful termination case. You need someone on your side to protect your rights and get the money you deserve.
Call Setyan Law at (213)-618-3655 for a consultation.