If you or someone you know has been injured in an unfortunate accident at work, you may be entitled to receive workers’ compensation benefits. If you are in this situation, you may find yourself asking, “What is considered a workers’ compensation injury in California?” It’s important to have an understanding of what is and isn’t covered under California workers’ compensation laws. Engaging with an experienced worker’s compensation attorney could be your most effective solution.
Basics of Worker’s Compensation Coverage
Understanding some of the basic elements of workers’ compensation before you ever need the insurance is essential. Workers’ compensation is used to help provide benefits and compensation for workers injured while on the job. Workplace injuries generally fall into two different categories.
- An injury caused by a single event at work. This can include injuries such as falling in a slip and fall incident, burning yourself with a chemical, being involved in a car accident with a company car, etc.
- An injury caused by repeated exposures at work. These types of injuries can include hurting your joint or limb as a result of doing the same motions over and over, losing mobility in your back and hips due to being stationary, or losing your hearing from working in a constantly loud environment.
You should speak with an experienced workers’ compensation attorney if you have suffered an injury while at work. They can help you review your case and provide valuable information on your potential options. If you choose to move forward, they can help process your claim. As an injured employee, you could receive compensation for:
- Medical expenses. This could include reimbursements for doctor visit costs, prescription medications related to your injury, medical procedures, travel costs, and other related medical expenses stemming from your injury or illness.
- Disability benefits. This can cover temporary and permanent disabilities resulting from your injury. The amount and duration of compensation will largely depend on the nature and severity of the disability.
- Supplement job displacement benefits. If the injury forces the employee to have to take on a new role, then the employer will provide job training to help accommodate the transition.
- Death benefits. If the injury results in death, then the decedent’s loved ones could receive compensation.
Injuries Not Covered
Injuries that may not be covered under workers’ compensation in California may include:
- Injuries that were self-inflicted.
- Injuries that were caused during horseplay.
- Injuries that happened during an employee’s lunch break in which they were off the clock.
- Injuries sustained while an employee committed a crime or violated company policy.
FAQs
Q: Which Type of Injuries Are Not Covered in the Workers’ Compensation System?
A: Some injuries that are not covered under the workers’ compensation system include self-inflicted injuries, injuries caused by horseplay, injuries caused by fighting, and injuries caused by substance abuse. Horseplay injuries are examples of employees violating the employer’s code of conduct, and those injuries will not be covered by workers’ compensation.
Also, it’s important to note that injuries during an employee’s lunch break are likely not covered. Injuries sustained during lunch breaks are typically considered off-duty injuries.
Q: What Is a Qualified Injured Worker Entitled to in California?
A: A qualified injured worker in California is entitled to vocational rehabilitation benefits. These benefits apply to workers who were injured before January 1st, 2004. Other benefits may include job placement assistance and training to help with a new job. This training can be used to help employees take on a different job position than the one they were working on when they were injured. As a qualified injured worker, you must report your worksite injury within thirty days of the injury.
Q: Can I Sue Workers Comp for Pain and Suffering in California?
A: You cannot sue workers’ comp for pain and suffering in California. Californian employees are not eligible to pursue workers’ compensation for any pain and suffering they suffer as a result of workplace accidents. Workers who feel that they have experienced pain and suffering damages may be able to pursue a personal injury case with the local court, especially if the employer does not carry a workers’ comp insurance policy. An experienced workers’ compensation attorney could help you through this process.
Q: What Are the Requirements for Workers’ Compensation in California?
A: To qualify for workers’ compensation in California, an employee must have suffered a work-related injury or illness. Examples of this could include injuring your back in a fall, getting burned while working with dangerous chemicals, or getting in a car accident while driving a company car on the clock. Other examples could be injuries from repeated motions, such as injuring your wrist from making the same motion over and over again or losing your hearing because of constant blaring noises.
Q: What Benefits Does Workers’ Compensation Provide?
A: Workers’ compensation can provide benefits such as medical care, supplemental job displacement benefits, temporary disability benefits, permanent disability benefits, and death benefits. Medical care can include visits to the doctor, treatment services, medicine prescriptions, travel costs, and anything else medical-related, fully covered by the employer.
Disability benefits can include compensation for lost wages and loss of physical or mental function. Death benefits can include payments to your spouse, children, or other dependents in the event that your injury leads to death.
A Law Firm Ready to Help
Any time a worker is injured while on the job, it should be taken seriously. Even if the injury or illness appears to be minor, it could lead to more significant and more severe injuries down the road. If you have experienced any form of work-related injury, you should report it immediately. You should also get immediate medical treatment if necessary. Finally, you should speak with a qualified and experienced workers’ compensation attorney who can help.
At Diefer Law Group, P.C., our legal team is ready and able to provide the necessary assistance with your workers’ compensation claim. Our team has over sixty years of combined legal experience, and we are ready to put our experience to work for you. We have helped individuals all across the great state of California resolve their worker’s comp claims in a favorable manner. Contact us today to speak with a skilled member of our legal team for help.
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