Workers’ Compensation

Workplace injuries are a common occurrence, and as such, California has a special scheme called “Workers’ Compensation” that assists employees who get injured while performing their work duties. According to California laws, most employers are mandated to have workers’ compensation insurance, which helps employees get income replacement and medical benefits without showing any negligence on the employer’s part. This means that if a worker gets injured while at work, they are entitled to receive workers’ compensation, regardless of whether the employer is at fault or not.

Unfortunately, most workers are not either aware of their rights under the workers’ compensation scheme or do not know how to bring a claim. Working with an experienced attorney for your workers’ compensation claim helps you protect your rights without worrying about the technical details. After carefully analyzing the extent of your injuries, we determine potential benefits are available for you, and we help file your claim. We support you throughout your medical treatment by finding an approved healthcare provider in your employer’s workers’ comp insurance network, organizing your appointments, and collecting your medical records and bills for your claim. We also immediately request temporary disability benefits (i.e., lost wages) if available.

Under the Workers’ Compensation scheme, an employee injured at work is entitled to the following benefits:

  1. Medical care (treatment for your injury);
  2. Temporary disability (payment for loss of wages);
  3. Permanent disability (payment for permanent loss of function);
  4. Job displacement benefits (payment for job retraining).

To be entitled to workers’ compensation, the injuries must have arisen out of or during employment (“AOE/COE”).

  • Who is an employee?

Full-time employees, part-time employees, and seasonal employees are all considered employees within the meaning of workers’ compensation. Independent contractors, on the other hand, are not employees.

  • What does “arising out of or in the course of employment (“AOE/COE”)” mean?

An injury at work is any injury or disease arising out of employment, including psychiatric trauma.

However, if an injury is partially caused by work or if it is a pre-existing injury that was aggravated by work, it may be considered a non-work injury.

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    In certain situations, it is not easy to determine whether an injury is arising out of or in the course of employment, or not. For example, commuting to or from work, activities done at work that have a personal aspect (e.g., coffee break), and pre-existing injuries that are aggravated by workplace accidents are examples of those instances that require careful evaluation to determine whether the accident is an at-work one.

    Protecting Your Legal Rights: Initial Steps to Take After a Workplace Injury

    1. Notify your employer about your occupational injury within 30 days of the accident. This is usually done with a written notification. Alternatively, if you tell your supervisor about the accident and your supervisor informs your employer about it, this can have the same effect as written notice.
    2. You should prioritize your health and seek immediate medical care from an approved provider in your employer’s workers’ compensation insurance network. You should then continue your treatment as your M.D. advises. You must cooperate with your doctor’s orders and follow his suggestions. Failure to follow the prescribed medical procedure could seriously affect your health and your insurance claim.
    3. You may consult an experienced injury attorney who can help with the filing of your claim. This way, you can focus on your recovery without worrying about technical details.

    We understand that suffering from a workplace injury can be stressful. It affects the injured worker’s livelihood, health, and well-being all at the same time. Most workers don’t know the benefits that are available to them and how to claim them. The pain and suffering caused by the injuries and financial strain resulting from missed working days add another layer of distress.

    We are here to guide you through your workers’ compensation claim so that you can prioritize your health and recovery.

    I was searching for a malpractice attorney and was fortunate enough to find this amazing team to help me. They were so kind, and I really felt like they were invested in my case. Throughout the process, they were always transparent and quick to answer all my questions. I am forever grateful for their hard work, and I would definitely recommend them.
    Monica M.
    Great experience. I am so thankful I was able to work with a team who genuinely wanted my best interest. If I had any questions, they answered them right away. The result of the case was outstanding, and I would highly recommend them. Thank you, Oguz Law team!
    Zach C.
    Rosmely H.

    Frequently Asked Questions

    The area of workplace injuries is probably the most stressful area of personal injury for those who suffer from bodily injuries. At Oguz Law, we assist our clients throughout this period. We handle your claim against your employer's insurer and help you find an approved healthcare provider in your employer's workers' comp insurance network. This allows you to focus on your health without worrying about the medical expenses.

    Most injured workers have to miss work during their recovery period. We immediately request temporary disability benefits (i.e., lost wages) if available. This helps injured workers sustain themselves while recovering and alleviates the burden of financial distress caused by their injuries.

    It is possible that at the end of the medical treatment, your M.D. decides that despite all the medical treatment, the accident has left you permanently disabled or caused a significant decrease in your work performance. In this case, you are entitled to compensate for the permanent disability.

    It is illegal to discriminate against or terminate someone for having a workers' compensation claim. So, if you are fired only because you filed a workers' compensation claim, this means your employer is in breach of the law. When you are fired shortly after filing the claim, there is a strong presumption that the employer has done so because of your claim unless the employer can show that the background and your work history indicate a problem with your performance, making the termination rightful.

    Usually, the law sets a time limit for a claim to be brought and if the claim isn't brought within that time frame set by the law, the injured party loses his right to make a claim. The general statute of limitations for a workers' compensation claim is one year. This usually starts running from the date of injury. Yet, certain circumstances can delay the start of the one-year period. We advise you to consult an experienced attorney to analyze your claim better.
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