CA WORKERS COMPENSATION LAW
The term “workers’ compensation” relates to a system of laws stating benefits for injured employees as well as procedures for getting them. Under California law, companies are obliged to pay some forms of workers’ compensation in order to ensure employees’ safety from injuries on the job.
In the United States, every employee has got the right to have a safe job. The Occupational Safety and Health Administration (OSHA) sets forth environment standards for workers and each enterprise has to ensure such conditions. However, it does not mean that injuries do not occur. Moreover, there are various forms of workers injuries – from psychological trauma to physical trauma. If you or a loved one have been injured at work, you may have legal rights to workers compensation. It can allow to cover huge expenses that you are obliged to pay for recovering after trauma. Thus, it is crucial to contact an experienced and professional attorney after worker injury in order to get to know whether you are eligible for California workers compensation claim.
However, if you want to get your workers’ compensation, you have to face numerous legalities. Below, The Margarian Law Firm lawyers will introduce you the main elements of the California Workers’ Compensation Law. Additionally, in the resources of our site you can find detailed information about Injury Law in California.
1. What is California Workers Compensation Law?
2. What Are the Types of Workers Compensation Disabilities
a) Workers’ Temporary Disability Claims
b) Workers’ Permanent Disability Claims
3. Benefits for job related injuries
4. Related Articles
What is California Workers’ Compensation Law?
Companies throughout California are required to pay for lost wages and medical bills of employees if they have been injured on the job. Under California workers compensation law, it is indicated that the companies have to determine the schedule of payment to their injured workers as well as obey other legal duties stated by the law. Thus, employers have to cover basic expenses of the injured worker related to the injury, such as:
It should be mentioned that any false or fraudulent worker’s compensation claim is considered to be a crime. The person who has committed such claim can face the following penalties:
- Costs of injuries
- Cover loss income
- Pay compensation for illnesses and wrongful deaths occurred during the execution of the work.
- Iprisonment up to five (5) years,
- A fine of up to $50,000,
- A fine of the double value of the fraud, or
- Both imprisonment and fine.
When Does an Employee Eligible for Getting Workers’ Compensation?
Generally, we distinguish two types of workers’ compensation disability claims that can be collected:
- TD ( temporary disabilities)
- PD (permanent disabilities).
Workers’ Temporary Disability Claims
An employee is entitled to temporary workers’’ compensation, if:
In general, the employer pays two-third of the worker’s wage before taxes. The following forms of income are used for calculating the amount of money to be paid:
- He or she has been hospitalized overnight
- The workers’ doctor said that it is not possible to work for more than three days.
The worker’s compensation payments stop when the doctor says that it is possible to return to work. Usually, payments even for severe injuries which result in workers’ compensation disability last no more than 104 weeks.
- And other bonuses.
Workers’ Permanent Disability Claims
Unfortunately, it is not possible to recover from all job-related injuries and some of them will never disappear. These people are eligible for workers’ permanent disability claims. If such workers succeed to protect their rights, they will be entitled to workers’ compensation for permanent disability.
Workers’ permanent disability compensation is paid if the person suffers from an injury which reduces the person’s earning capacity for lifelong. Even after maximal expected medical improvement of the person, the compensation must be paid.
Thus, pursuant to California law a worker is entitled to permanent disability compensation, if he or she suffered from illness or injury due to work. Moreover, if the worker is able to work again but it is not possible to fully complete the work, the compensation continues to be paid. In this case, the amount of the compensation has to be adjusted based on the following factors:
The permanent disability benefits are paid from the time the doctor states that you have such disabilities due to work injury. Within 14 days after payments for temporary worker’s compensation, the injured worker starts receiving permanent disability compensation.
- Date of injury
- The amount of earning before injury
- The rating of disability of the worker expressed in percentage.
What Kind of Benefits May I Obtain If I Have Suffered From Job-Related Injury in California?
Generally, a worker can be eligible for the following types of benefits after a job-related injury:
Choosing the right law firm which protects your interests is one of the most important decisions you will ever make. The Margarian Law Firm lawyers are able to deploy exactly the right mix of required steps to meet the specific needs of a particular client, irrespective of location. A keen sense of collective responsibility and integrity therefore underpins everything we do. We offer a first-class dispute resolution service for your California workers’ compensation case across our network, including litigation and regulatory investigation. We have a reputation for handling our clients’ most sensitive, complex and reputation-threating disputes.
- Medical treatment, including any kind of treatment necessary for recovering the worker’s health conditions
- Rehabilitation costs. It can be essential to get physical and occupational therapy in order to get back the strength. If you have an experienced and professional California workers’ compensation lawyer, you can even obtain this aid at no cost
- Compensation for worker’s disability (temporary or permanent).
Making a false or fraudulent worker’s compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000.00 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.
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