The main purpose of workers’ compensation insurance is to provide a financial safety net to injured workers, helping them cover the cost of medical care they need and providing disability benefits when they are unable to work during recovery. If you or a loved one recently suffered an injury at work, a California workers’ comp attorney can explain what to expect from filing your claim and help secure the benefits you need to recover.
Understanding Workers’ Compensation Benefits
State law requires almost every employer in the state to have workers’ compensation insurance, even if an employer has only one employee. This insurance prevents the employer from facing civil liability for an injured worker’s damages after they are hurt on the job. While the injured worker cannot sue their employer, the employer’s workers’ compensation insurance provides financial benefits to help them recover.
As long as your injury resulted directly from you performing your job duties, you are likely eligible to file a claim for workers’ compensation benefits. It’s possible to file a claim for the result of an acute traumatic accident as well as a medical condition that gradually manifested over time from repetitive stress at work. You can also file a claim for an illness you acquired from work.
Benefits Available Through Workers’ Compensation
If you are hurt while working, you have 30 days in which to report the injury to your employer; otherwise, you could lose your chance to file a workers’ compensation claim. The statute of limitations for actually filing your claim to the insurance company is one year from the date your injury occurred, but it is always advisable to start the claim filing process as soon as you can. A California workers’ comp attorney can streamline this process for you.
As part of your claim filing process, you will need to undergo a medical evaluation from a workers’ compensation doctor in your area. They will assess the severity of your injury and the extent of long-term effects it is likely to have and then issue you a disability rating. This rating influences how much you can receive in benefits. Once you file the claim, you should receive a response from the insurance carrier within a few weeks, but it can sometimes take up to 90 days.
The determination of benefits from the insurance carrier will explain what they are providing for your injury. The average claimant can expect full medical expense coverage along with disability benefits that reflect their diminished ability to work and earn income after their injury. If you cannot work at all while you recover, you can receive total disability benefits for up to 104 weeks. Each weekly payment will be roughly two-thirds of your average weekly income.
If you are still able to work after your injury but you are unable to earn your usual amount of income, you can qualify for partial disability benefits in California. You will need to report how much you are able to earn each week to continue receiving these payments. Once you recover to your usual earning capacity, your partial disability benefits will cease.
Workers’ compensation insurance can cover all your immediate and future medical expenses related to your workplace injury, and the disability benefits you receive can offset your lost income when you cannot work during recovery. Ultimately, every case is unique, and a claimant has the greatest chance of maximizing their benefits when they have an experienced workers’ comp attorney advising them.
FAQs
Q: Can I Claim Workers’ Compensation for an Injury During a Commute?
A: Workers’ compensation insurance covers injuries that occur only when a worker is performing their job duties. You cannot file a workers’ compensation claim if you were injured during a commute to or from work. If you are unsure whether your recent injury qualifies for workers’ compensation benefits, it is a good idea to consult an experienced workers’ comp attorney as soon as possible.
Q: Who Qualifies for Workers’ Compensation?
A: Workers’ compensation insurance covers almost all regular employees, including both full-time and part-time workers. Some domestic care workers, some seasonal employees, and independent contractors are not covered by workers’ compensation insurance. If you believe your employer has intentionally misclassified your employment or they have stated you are ineligible to file a claim, consult an attorney to discuss your situation and potential legal remedies.
Q: Does Workers’ Compensation Cover Pain and Suffering?
A: No, workers’ compensation insurance will not provide any compensation for a claimant’s pain and suffering, even if they suffered a severe and permanently disabling injury. However, if the claimant has grounds for a separate civil suit against the party directly responsible for causing their injury, they are likely able to seek pain and suffering compensation as part of their case award.
Q: When Can I Sue My Employer for a Workplace Injury?
A: Workers’ compensation insurance generally insulates a covered employer from civil liability for an injured worker’s damages. You can sue your employer only if they do not have the required insurance coverage, if they intentionally caused your injury somehow, or if they forced you to complete a dangerous task outside your usual job duties that had virtual certainty of causing harm. You may, however, have grounds for a third-party personal injury suit.
Q: How Can I File a Third-Party Personal Injury Claim?
A: If any third party outside of your work directly caused your injury, you can file a third-party personal injury suit against them to seek compensation for the damages that you cannot recover through workers’ compensation insurance. Your California workers’ comp attorney can help determine whether you have grounds to file such a claim and, if so, help determine the full extent of damages you can seek from the at-fault third party.
Get Legal Representation from an Experienced Workers’ Comp Attorney
The attorneys at Diefer Law Group have years of professional experience resolving all types of workplace injury claims for clients throughout the state, and we are ready to put this experience to work for you after your recent injury at work. If you are ready to speak with trustworthy legal counsel to determine the full extent of your recovery options, contact us today and schedule your free consultation with a workers’ comp attorney.
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