The state of California has a workers’ compensation system that protects both the employee and employer. Under this no-fault plan, the employer is protected from a lawsuit filed by the worker. By the same token, an employee does not have to prove that his or her employer is directly responsible for an injury. It is necessary, however, that a worker proves his or her injury occurred on the job or while in the process of completing work-related tasks.
There are many benefits to workers’ compensation, which is not limited to an individual receiving permanent disability. A worker’s family members may even be able to receive compensation for burial expenses if your injuries are fatal. You should not endure the workers’ compensation process alone. It is best to contact a compassionate lawyer in San Diego for help.
What are some benefits of workers’ compensation in California?
Those who qualify for workers’ compensation in California may be eligible for the following:
– Medical treatment costs
– Payments for temporary and permanent disability
– Pension payments
– Payments for vocational retraining
– Benefits for death
Medical treatment costs include payments for costs related to medical expenses, which include evaluations and pharmaceutical prescriptions. Compensation may also be provided for surgery and medical aid devices needed to continue treatment at home. There are some instances where workers’ compensation covers travel for medical appointments. Individuals may be able to receive reimbursement for fuel at the current IRS mileage rate.
What about disability payments?
Workers’ compensation for disability in California is broken into two categories. Individuals can receive compensation for either temporary or permanent disability payments. Temporary disability is more common because the average worker only needs limited time off from work to recover from his or her injury. There are instances, however, where the injury is severe to the degree of the individual requiring permanent compensation for the rest of his or her life.
Qualifying for permanent disability is largely a matter of your doctor’s report. Claims representatives typically weigh if you are capable of conducting other tasks before approving or denying an application. Those individuals who can find other means to support themselves may be offered compensation for vocational retraining to begin a career in another field. Applicants who are completely unable to work typically qualify for permanent disability.
What should you do when injured at work?
The first thing you should do when injured at work is to inform your employer. You may not need to inform your employer if the injury is severe to the degree of you requiring emergency services. Your manager may have knowledge of the incident before you can formally tell him or her.
You also need to follow up with care from your primary physician after receiving immediate treatment for the injury. Some employers require you to see a workers’ compensation doctor as well. It is important, however, that you tell your primary physician about the details of your injury. He or she will serve as your main advocate when filing for workers’ compensation.
Some individuals choose to go through the process of filing for workers’ compensation without legal counsel. Such persons run the risk of overlooking key components that could lead to their application’s denial.
It is important to contact a lawyer who is compassionate and knowledgeable about workers’ compensation. The best personal injury attorney in San Diego may be able to provide the legal representation that you need to go through the process without significant roadblocks.
Guy Levy Law is a personal injury firm that specializes in auto accidents, wrongful death, personal injury, and more. Contact them today to schedule a consultation for your workers’ compensation case.