How Does Workers Compensation Work In California?


One of your worst nightmares has happened. You got injured on the job. Now you’ve got steep medical expenses and you’re out of commission. On top of that, the last thing you want to do is deal with unfair compensation. You just want to focus on your recovery. You don’t want another stress added on. The workers compensation insurance policy is meant to cover employees with wage replacement and medical expenses. California has a no-fault system in place in which means the employees don’t have to prove that you were at fault for your workplace injury, they just have to prove that the injury was work-related.

Workers rights

If you are injured on the job, there are different benefits you could be entitled to. The common entitlement is for medical treatment costs. This includes all things related to medical expenses that you had to endure. This includes treatments, surgery, prescription drugs, medical evaluations, as well as transportation to the facility to receive treatment.

You may also be entitled to permanently disability payments. These are payments made in the event that you can no longer return to your job or compete in the job market. This amount is determined by a permanent disability rating. It will depend on several factors including your age, the type of injury you’ve sustained, the occupation you worked, or even the doctor’s restrictions based on your condition.

Another entitlement is temporary disability payments. These are payments are made when you are taking the time to recover from your injury. You can receive a maximum of 2 years of disability payments, unless you suffer from a disability such as HIV, chronic lung disease, or amputation. This payment based off of two thirds of your average weekly income.

How to file & collect

Within 30 days, you must report your injury or work-related illness to your employer. The sooner the better because after 30 days, you will be eligible to collect benefits. There are several forms you must fill out. The first being DWC (Division of Workers Compensation) Form. After filling it out the employer will turn it into their workers compensation insurance company. You must also file your Application for Adjudication of Claim within a year for it to be official. When selecting a doctor, you may need to use one who was referred to by your employer, as they are part of their medical provider network. The last thing you want is the denial of your claim. Your employer’s insurance may deny you if they feel there isn’t enough evidence of the injury, you don’t need medical treatment, or the job wasn’t caused by work-related activities.

Far too often, injuries occur not at the fault of the worker but at the fault of the company. This includes an unsafe work environment that resulted in an accident. People often don’t consider things such as stress-related injuries and orthopedic injuries. Law Offices of Kropach & Kropach are experienced in workers compensation and want to make sure you’re getting treated fairly and justly. Schedule a free initial consultation using the contact form on the bottom of this page or by calling 818-609-7005.

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