WORKERS’ COMPENSATION & EMPLOYMENT LAWYER

If you have a work-related injury or illness, your employer is required by law to pay for workers’ compensation benefits. You could get hurt by:

1. One event at work, such as hurting your back in a fall, getting burned by a chemical that splashes on your skin or getting hurt in a car accident while making deliveries.
2. Repeated exposures at work, such as hurting your wrist from doing the same motion over and over or losing your hearing because of constant loud noise.

Get more information on what is workers compensation.

Employers in California are required to have an injury and illness prevention program. The program must include worker training, workplace inspections, and procedures for correcting unsafe conditions promptly. Learn about and participate in your employer’s program and report unsafe conditions to your employer. If they don’t respond, call Cal/OSHA, the state agency that enforces health and safety laws.

Report the injury to your employer by telling your supervisor right away. If your injury or illness developed over time, report it as soon as you learn or believe it was caused by your job.

Reporting promptly helps prevent problems and delays in receiving benefits, including medical care you may need. If your employer does not learn about your injury within 30 days and this prevents your employer from fully investigating the injury and how you were injured, you could lose your right to receive workers’ compensation benefits.

Get emergency treatment if you need it. Your employer may tell you where to go for treatment. Tell the health care provider who treats you that your injury or illness is job-related.

Fill out a claim form and give it to your employer. Your employer must give or mail you a claim form within one working day after learning about your injury or illness. If your employer doesn’t give you the claim form you can download it from the forms page of the DWC website.

Yes. Giving the completed form to your employer opens your workers’ compensation case. It starts the process for finding all benefits you may qualify for under state law. Those benefits include, but are not limited to:

• A presumption that your injury or illness was caused by work if your claim is not accepted or denied within 90 days of giving the completed claim form to your employer
• Up to $10,000 in treatment under medical treatment guidelines while the claims administrator considers your claim
• An increase in your disability payments if they’re late
• A way to resolve any disagreements between you and the claims administrator over whether your injury or illness happened on the job, the medical treatment you receive and whether you will receive permanent disability benefits.

Workers’ comp insurance provides five basic benefits:

• • Medical care: Paid for by your employer to help you recover from an injury or illness caused by work
  • Temporary disability benefits: Payments if you lose wages because your injury prevents you from doing your usual job while recovering
  • Permanent disability benefits: Payments if you don’t recover completely
  • Supplemental job displacement benefits (if your date of injury is in 2004 or later):Vouchers to help pay for retraining or skill enhancement if you don’t recover completely and don’t return to work for your employer

Death benefits: Payments to your spouse, children or other dependents if you die from a job injury or illness.

Attend a free seminar for injured workers at a local DWC office for a full explanation of workers’ comp benefits, your rights and responsibilities.

Your local I&A officers are a great resource and their services are free. They are not there to act on your behalf as an attorney would, but they’ll help you understand how to act on your own behalf. Attend a free seminar for injured workers at a local DWC district office for a full explanation of workers’ comp benefits, your rights and responsibilities. You can also make an appointment with an I&A officer and speak to them privately at your convenience.

In addition, there is a lot of information on the I&A page of the DWC’s website. Check out the fact sheets and guides for injured workers. The fact sheets provide answers to frequently asked questions about issues affecting your benefits. The guides will help you fill out forms you may need to get a problem with your claim resolved at the local DWC district office.

In California all employers are required to either purchase a workers’ compensation insurance policy from a licensed insurer authorized to write policies in California or become self insured. The DWC does not provide workers’ compensation insurance for employers and does not maintain information about employers and their respective insurers. To find out which insurer provides workers’ compensation insurance for a specific employer, visit the California Workers’ Compensation Coverage website. The roster of self-insured employers can be found on the Self Insurance Plans Web page.

More information about workers’ compensation can be found on the DWC’s Web page for injured workers.