Employment Law, Law

The Workers Compensation Laws – California

Several people like to live and work in California. People usually work from 9 in the morning until 5 in the afternoon. Thus, higher probability of work-related injuries.

Workers’ injury during work is one of the reasons why employers buy compensation insurance. The workers compensation laws give the employees the right to claims benefits if injured during work.

workers compensation claims

Whether you have injured any part of your body in doing your job, workers compensation laws are for you.

According to law, if you are injured, you have 30 days to give a written notice to your employer. You have a year to file your claims. Employers should provide claim from the worker within the day of receiving the form.

Aside from those abovementioned provisions of the law, it is also essential to know what are the workers’ compensation benefits, what to do if you are injured, and what to do if your claims are denied. These things are discussed in the following paragraph based on California Labor Code.

If you are living in South Carolina, Illinois, Alabama, Maryland, Florida, Indiana, Ohio, Oklahoma, Georgia or Pennsylvania, the provisions on the Labor Code may be different since it may vary from each state.


The Benefits Under Workers Comp Laws


You may be entitled to the following benefits:

Medical benefits. This includes all the hospital and medical benefits that are necessary for your recovery. Travel expenses to and from the doctor’s office are also included.

Temporary Disability benefits. This is given if your injury causes you to miss your work more than three days or even caused you to be hospitalized. This is paid based on the rate of 2/3 on your average weekly earnings.

Permanent Disability benefits. This is given if your injury resulted in a permanent impairment. This benefit used a complex formula for calculation.

Vocational Rehabilitation or Training. These are for those that have been injured after January 01, 2004 but before January 01, 2013. The amount of the training voucher given depends on the level of disability.

Return to Work Fund. You would be eligible for this fund if you were eligible for Supplemental Job Displacement Benefit. This resource will give you extra assistance if you cannot return to work. This is applied online, and specialized computer terminals are set up at the Workers’ Compensation Appeals Board.

Death Benefits. The dependents of the deceased are entitled to these benefits. Death may not necessarily occur at work as long as the cause of death is related to the job.

Compensable Consequences. This is given if your initial injury on work causes other problems.


What to Do When Injured?


So what should you immediately do when injured?

You should first get medical assistance or go to the nearest hospital. Then give a written notice of injury to your employer within 30 days so that you would not be losing your right to claim your compensation.

You are given a year to file or submit your form to your employer. The employer may authorize your medical treatment within the day of receiving your claim form.


What to Do When Your Claims Are Denied?


If your workers compensation claims are being denied by your employer or the insurance company, through the workers compensation laws, your case can be heard by a judge. You must first file an Application for Adjudication of Claim together with the necessary documents.

Your case will then be scheduled. If you disagree with the decision of the judge, you may file a Petition for Reconsideration.

workers' compensation benefits


Injured? Call a Lawyer!

Are your claims denied and your employer did not follow the general rules and regulations and provisions of the Workers Compensation Laws? Or you don’t know what to do after a work related injury? Do not worry since you are not alone.

Call a lawyer or visit workerscompensationfresnoca.com. Lawyers would help you a lot while you will be focusing on your recovery.


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