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.

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.