BASIC WORKERS' COMPENSATION OVERVIEW
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 such as 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, or
- Repeated exposures at work such as hurting your hand, back, or other part of the body from doing the same motion over and over, or losing your hearing because of constant loud noise.
Workers’ compensation covers some, but not all, stress-related (psychological) injuries caused by your job. Also, workers’ compensation may not cover an injury that is reported to the employer after the worker is told he or she will be terminated or laid off.
WORKERS' COMPENSATION FAQ
- 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.
- Death Benefits: Payments to your spouse, children, or other dependents if you die from a job injury or illness.
You should immediately report your injury to your employer. Make sure your supervisor or someone else in management knows as soon as possible. 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.
After reporting your injury, you should:
- Fill out a claim form and give it to your employer. Your employer must give you a Workers’ Compensation Claim Form (DWC 1) within one working day after you report your injury or illness. You use this form to request workers’ compensation benefits. Fill out and sign the “employee” portion of the form. Give the form to your employer. Do this right away to avoid possible problems with your claim.
- Get medical care. You should be treated by a doctor who understands your particular type of injury or illness. The role of this doctor is to prescribe care for your job injury or illness and manage your overall care, help determine when you can return to work, help identify the kinds of work you can do safely while recovering, refer you to specialists if necessary, and write medical reports that will help determine the benefits you receive.
It’s illegal for your employer to punish or fire you for having a job injury, or for filing a workers’ compensation claim when you believe your injury was caused by your job. It’s also illegal for your employer to punish or fire co-workers who testify in your case.
Also, the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) say that an employer with 50 or more employees usually must let you take unpaid leave for up to 12 weeks, without losing your job, if you need time off for a serious medical condition.
DID YOU KNOW?
- 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.