"I'm injured, but I don't want to sue my company. It's a small business, and my boss is great. I've worked there for ten years, and we're like family." At our Oakland Workers' Compensation law firm, we hear stories like that all the time. Sometimes, workers are injured by the negligence of their employers or managers. But more often than not, injured workers are hurt in accidents that weren't anyone's fault. They need treatment and disability payments while they recover, but they don't want to punish someone who didn't do anything wrong.
If you've been injured at work but are nervous about filing a Workers' Compensation claim because you're afraid to hurt your employer, there's good news: when you file a Workers' Compensation claim, your employer generally isn't the one paying.
If your employer isn't responsible, who pays for your Workers' compensation claim?
Workers' Compensation is a no-fault benefits delivery system. Your employer purchases insurance to protect you and your coworkers in the event of a workplace injury. In the state of California, this insurance is mandatory. When you're injured on the job, you generally can't take legal action against your company in civil court, but their insurance company is responsible for paying for your benefits and care. As with car insurance, your company may see their premiums rise after an accident, but they won't typically have to pay for your TTD, medical care, or additional Workers' Compensation benefits.
What if your boss is uninsured or under-insured?
If your boss doesn't have Workers' Compensation insurance, which is illegal, the state of California steps in and pays for your Workers' Compensation claim from a special fund. The state fund may come after your employer to recover that money. If your employer's policy isn't sufficient to cover the number of employees or the risk level of your job, which is a form of insurance fraud, the insurance company must still take care of you, but they, too, will have recourse to recover money from your employer.
If you truly have a great employer, they will want you to get the help and benefits you need, and they won't be paying for it. File your Workers' Compensation claim today without fear.