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Workers' Comp Attorney
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WORKERS' COMPENSATION BENEFITS AND INFORMATION
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FAQ
What is Workers' Compensation?
If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits.You could get hurt by:
- One event at work. Examples: hurting your back in a fall, getting burned by a chemical that splashes on your skin, getting hurt in a car accident while making deliveries.
- Repeated exposures at work. Examples: hurting your hand, back, or other part of the body from doing the same motion over and over, losing your hearing because of constant loud noise.
What are the benefits?
Workers’ Compensation Benefits can include:
- Medical Care: Paid for by your employer, to help you recover from an injury or illness caused by work. This includes doctor visits and other treatment services, tests, medicines, equipment, and travel costs reasonably necessary to treat your injury
- Temporary Disability Benefits: Payments if you lose wages because your injury prevents you from doing your usual job while recovering.
- Permanent Disability Benefits: Payments if you don’t recover completely and your injury causes a permanent loss of physical or mental function that a doctor can measure.
- Supplemental Job Displacement Benefit: A voucher to help pay for retraining or skill enhancement if you are eligible to receive permanent disability benefits, your employer doesn’t offer you work, and you don’t return to work for your employer. This benefit is available for workers injured in 2004 or later. If your injury also occurred in 2013 or later and you received a Supplemental Job Displacement Benefit, you may also be eligible for an additional, one-time payment under the Return-to-Work Supplement Program.
- Death Benefits: Payments to your spouse, children, or other dependents if you die from a job injury or illness.
What should I do if I get hurt at work or develop a work-related medical problem?
Report the injury or illness to your employer. Make sure your supervisor or someone else in management knows as soon as possible. If your injury or illness developed gradually (like tendinitis or hearing loss), report it as soon as you learn or believe it was caused by your job. Reporting promptly helps avoid problems and delays in receiving benefits, including medical care. If your employer does not learn about your injury within 30 days, you could lose your right to receive workers’ compensation benefits.Get emergency treatment if needed. If it’s an emergency, call 911 or go to an emergency room right away. Your employer must make sure that you have access to emergency treatment right away and may tell you where to go for treatment. Tell the medical staff that your injury or illness is job-related.
How can I avoid getting hurt on the job?
It’s best to prevent injuries before they happen. Employers in California are required to have an Injury and Illness Prevention Program. The program must include worker training, workplace inspections, and procedures for correcting unsafe conditions promptly. Learn about and participate in your employer’s program. Report unsafe conditions to your employer and union, if you have one. If they don’t respond, call Cal/OSHA, the state agency that enforces health and safety laws.
Important must know Workers' Comp facts:
- Medical care must be paid for by your employer if you get hurt on the job—whether or not you miss time from work.
- You may be eligible to receive benefits even if you are a temporary or part-time worker.
- You may be covered by workers’ compensation as an employee even if you are called an “independent contractor.”
- You don’t have to be a legal resident of the United States to receive most workers’ compensation benefits.
- You receive benefits no matter who was at fault for your job injury.
- You can’t sue your employer for a job injury (in most cases).
- It’s illegal for your employer to punish or fire you for having a job injury or for requesting workers’ compensation benefits when you believe your injury was caused by your job.