909.949.0317Worker’s Compensation
An Overview of California Workers’ Compensation
Workers’ CompensationIf you’re employed by a company in the State of California, you are entitled to workers compensation benefits in the event that you are injured on the job.
Nearly every employer throughout the state is required by law to offer workers’ compensation insurance to their employees. This protects both the employees and employers alike.
Because of workers’ compensation, employees are prohibited from suing their employer in civil court, even if they were injured as a result of gross negligence. That’s not some corporate leaning law designed to protect employers and ignore the plight of the workers. As a trade-off for being exempt from expensive civil lawsuits, employers are required to carry workers’ compensation insurance for their workers.
What is Workers’ Compensation in California?
Workers’ compensation financially protects employees who have been injured in the workplace. It provides them with a living wage to cover medical expenses and wage replacement. Any employee who is injured in the line of duty is eligible for workers’ compensation. Someone who was hurt at home or out on some leisure trip cannot collect these benefits.
Typically, California businesses have workers’ compensation benefits through a private insurance company. However, some of the larger employers in the state are self-insured and have no need to purchase benefits from an outside company.
What is Covered Under Workers’ Compensation?
California’s workers’ compensation laws run on a no-fault model. Employers must provide benefits to workers who were injured on the job, regardless of fault. So, if you were injured as a result of faulty equipment, you receive benefits.
Alternatively, if you share some of the blame for sustaining your workplace injury, you will also receive your benefits under California law.
The California labor code lays out the set benefits of workers’ compensation. These benefits must include money as well as medical and educational benefits. The rules on how workers’ compensation benefits are to be distributed are also set by state law and cannot be changed regardless of the issuing employer or the insurance company that they work with.
Workers compensation benefits should cover the cost of medical treatments, which includes physician visits, prescription medications, surgeries, physical therapy, and more. It also provides indemnity benefits which make up for the loss of income one suffers through when they’re unable to work.Indemnity benefits are based upon the weekly wage of a worker and are laid out by state law.
Workers’ Compensation Appeals Board
The California Workers’ Compensation Appeals Board oversees the administration of all claims to ensure fairness. Their role was set down by California state law as a way to even the playing field and force employers and insurance companies alike to cooperate fairly.
Anyone who alleges a workplace injury appeals to the Workers’ Compensation Appeals Board to receive direct oversight over their claim. Filing employees can fill out an Application for Adjudication of Claim, which ensures that their policy will be assigned to a California administrative judge who will settle all disputes between the employee and employer/insurance company.
This is where it comes in handy to have a skilled California Workers’ Compensation attorney present to make sure that these proceedings are followed by the book and protect the rights of the employees.
A lawyer can represent their client before the board, as their knowledge of the state’s workers’ compensation laws will help the process run faster and more efficiently.
Disputes
Make no mistake about it, insurance companies and employers often do everything in their power to deny workers’ compensation benefits to their employees.
Disputes rage throughout the professional world, as insurance companies try to exploit every legal loophole in their arsenal.
This is yet another reason to hire a California workers’ compensation attorney who will fight back and ensure that you will receive that which you are owed. Remember, insurance companies want to pay out as little as they can in order to keep their own bottom line in the black.That’s why it makes sense to bring in an attorney who will fight back against these large businesses and make sure that these companies are not taking advantage of injured workers.
What is Covered Under Workers’ Compensation?
California’s workers’ compensation laws run on a no-fault model. Employers must provide benefits to workers who were injured on the job, regardless of fault. So, if you were injured as a result of faulty equipment, you receive benefits.
Alternatively, if you share some of the blame for sustaining your workplace injury, you will also receive your benefits under California law.The California labor code lays out the set benefits of workers’ compensation.
These benefits must include money as well as medical and educational benefits. The rules on how workers’ compensation benefits are to be distributed are also set by state law and cannot be changed regardless of the issuing employer or the insurance company that they work with.
Workers compensation benefits should cover the cost of medical treatments, which includes physician visits, prescription medications, surgeries, physical therapy, and more. It also provides indemnity benefits which make up for the loss of income one suffers through when they’re unable to work.Indemnity benefits are based upon the weekly wage of a worker and are laid out by state law.
What Should You do to Start the Workers’ Compensation Process?
All workplace injuries should be reported immediately after they happen. If emergency treatment is necessary, it should be administered right away.
Afterward, an employee must fill out a form and hand it in to their employer. That form must be presented to the worker either in person or via mail by the employer within one working day after the injury or illness has been reported.
After the form has been turned in, the employer fills out their section and hands it into a claims administrator. At this time, they must also provide the employee with a copy of the completed form.
The claims administrator makes the decision on whether to accept or deny a claim. In the event of a denial, the employee and their attorney have the right to challenge the decision in court.
Be Prepared with a California Workers’ Compensation Attorney
The law offices of Donald S. Fair, Attorney At Law have recovered over $250 million in workers’ compensation benefits for injured workers. We fight for your right to compensation, ensuring that a workplace injury does not completely unravel your life.
Practice Areas
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Right When Injured at Work
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Construction Accident
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Warehouse Accident
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Industrial Accident
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Farm Accident
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Personal Injury
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Car Accident
"When everyone and I mean everyone said I had no case. He said yes and he beat it! I looked everywhere in the high desert and in a few locations in LA and San Bernardino. No one would touch the case because my job asked me not to go to a Dr and they'd take care of me. I didn't go and about 6-8 weeks later they fired me! Shows me that when other just want easy cases and fast money. Don stood up for the little guy. The case took 7 years and Don stood without pay till the end on belief that the little guy should not be ignored or bullied."
"I got injured. My company started bullying me.i had a family member recommend Don to me. I spoke with don about my case and we agreed he would represent me. My ex employer and they’re attorneys tried bullying me at the deposition. Don stood up for me and even got me more than was first agreed upon. Whenever I had questions he would also get back with me. I will recommend don to any future family or friends for his services."
"This office is one of the best law offices I've come across, Donald is very kind and knows what he's doing, Angie is very helpful and is always willing to do whatever she needs to be sure your questions and concerns are answered as soon as possible. Definitely happy with my experience here!!"
"I had only lived in California for 2 months when I suffered a career ending injury in the construction industry...Being 54 years old and not knowing what to do, a real estate attorney recommended Mr. Fair to me...My injury required Doctors from both the Orthopedic and Psychology professions..Mr. Fair put me in touch with Doctors who put my health and medical needs first..Mr. Fair should be the first and only personal injury attorney that you will need to contact."
909.949.0317
222 N. Mountain Ave, Ste 109 
909.949.0317
donaldsfairesq@gmail.com 