Abogado de Compensación de Trabajadores de Santa Ana
Santa Ana Workers’ Compensation Lawyer Attorney
Workers’ Comp Benefits in California
California operates on a no-fault compensation system. To apply for workers’ comp benefits, employees only have to prove that their accident happened at work. They don’t have to establish their employer’s fault. In return, workers can’t take legal action against their employers for the accident. It’s a system that generally benefits both parties, as the injured party has an easier way to recover damages, and the employer doesn’t risk legal action.
California’s comprehensive prestaciones de accidentes de trabajo greatly benefit the injured employee. They are designed to provide injured employees with the medical treatment and recovery time they need to move past their injury and return to work, provided they are well enough to do so. Under the California labor code, every employer in the state is required to carry workers’ comp insurance in the unfortunate event that one of their employees suffers a workplace accident.
The Workers’ Comp Claims Process in California
The claims process for workers’ comp benefits in California may be different in each case, as it depends on:
- The company you work for
- The severity of your injuries
- Whether you have retained a workers’ comp lawyer
- How your employer responds to your claim
Understanding every step in the process can make it easier to work through if such an incident were to happen to you. Here are some of the steps in the siniestros laborales process in Santa Ana, CA:
The Accident
Notify Your Employer
Find Your Doctor
Await a Response
Continue Treatment
Disability Benefits
What Benefits Can You Claim?
Injured workers in California are entitled to specific kinds of benefits, depending on the circumstances of their injuries and the policy that their employers carry. There are generally five types of workers’ comp benefits you may qualify for in California, and injured workers may be entitled to one or more. Here are those benefits:
- Atención médica: Injured workers in California are entitled to any medical care that is reasonably required to aid in their recovery. Your employer may cover all or most of your medical treatment, depending on the circumstances of your injury and whether the claims administrator agrees to accept your claim.
- Incapacidad Temporal: If a worker in California is unable to return to work after three days, they may be entitled to temporary disability benefits to help compensate for lost wages. A doctor must first prove that you cannot work before you can start receiving benefits.
- Incapacidad permanente: If a worker in California suffers a permanent injury as a result of their accident, they may be eligible for permanent disability benefits. The amount you may receive is based on a formula that includes the extent of your injury, your age, your occupation, and the date of the injury.
- Supplemental Job Displacement Benefits: The SJDB is a voucher for additional job training for qualifying injured workers. If you are unable to return to your current job due to a permanent disability, this benefit can give you occupational training for a different job and may even cover all related expenses.
- Prestaciones por defunción: If your workplace accident results in your death, death benefits may pay for your burial and provide support payments to your surviving dependents. The total amount depends on the number of dependents and whether they were partially or totally dependent.
Preguntas frecuentes
Q: How Much Do Workers’ Comp Lawyers Charge in California?
A: One cannot determine beforehand how much a workers’ comp lawyer might charge in California. Every workers’ comp case is different, with each case having its own set of details and circumstances that are unique to the individual case. Certain factors have to be taken into consideration before your lawyer decides on a fee, such as the difficulty level of the case, the time it will take to resolve it, and the willingness of both parties to compromise.
P: ¿Cuáles son mis derechos en virtud de la indemnización por accidente de trabajo en California?
A: Your rights under workers’ comp in California are plentiful thanks to the state’s protective labor laws. If you are injured at work, you may be entitled to:
- Medical care that’s paid for by your employer
- Disability benefits
- Prestaciones complementarias por desempleo
Also, your family can receive death benefits should your accident result in your death. There are many different benefits you may qualify for under workers’ comp in California. Speak with a workers’ comp lawyer to learn more.
Q: Can You Take Legal Action If You Accept Workers’ Compensation in California?
A: Generally, no, you cannot take legal action against your employer if you accept workers’ compensation following an accident in California. Your acceptance of workers’ comp benefits is generally seen as an agreement not to pursue legal action against your employer in civil court. In California, workers’ comp is the only way to receive compensation from your employer for a work injury. There may be exceptions, but they are rare.
Q: ¿Cuánto tiempo puede estar en Compensación a los Trabajadores en California?
A: The amount of time you may spend on workers’ comp in California will depend entirely on:
- The nature of your injury
- The agreement you have made with your employer
- Whether you qualify for temporary or permanent disability
Generally, disability benefits won’t last longer than two years. However, in cases where a full recovery may not be physically possible, some exceptions may be made.
Reach Out to a Workers’ Comp Lawyer Today
Receiving workers’ compensation benefits may be the only way for you to financially sustain yourself during your recovery. If your claim is denied for whatever reason, that doesn’t have to be the end of it. You should reach out to a workers’ comp lawyer who can help you work on your appeal and find out why you were denied in the first place.
Diefer Law Group, P.C., can provide you with much-needed legal assistance for your claim. We can build up your case, collect evidence, and navigate the discussion between you and the claims administrator. Póngase en contacto con nosotros to schedule a consultation today.