Concord Workers’ Compensation Attorneys

The state of California mandates that all employers with at least one employee must provide workers’ compensation insurance for all employees, including full-time, part-time, and seasonal workers. There are very few exceptions to this rule. In fact, when discussing who qualifies for workers’ compensation in California, it is actually easier to consider who is not eligible for benefits.

The following types of California workers do NOT qualify for workers’ compensation:

• Independent contractors
• Individuals who work for aid rather than wages
• Domestic workers who are related to their employers
• Certain volunteers
• Deputy sheriffs and deputy clerks
• Student-athletes participating in amateur events
• Amateur sports officials

Although this is not an exhaustive list, very few other workers are not covered by the California workers’ compensation system. Generally speaking, if you are an employee and are injured at work or while carrying out activities related to your employment, you are most likely eligible to seek benefits.

The purpose of the workers’ compensation system is to allow individuals who are injured at work or develop medical conditions due to their employment to recover monetary benefits to aid with the various financial losses associated with their injury or illness. Because it is a no-fault system, you do not need to prove that your employer (or anyone else) was negligent or otherwise at fault for your work-related injury; you simply need to prove that the injury or illness is somehow related to your work. In exchange, you are generally not permitted to sue your employer after a workplace accident or injury except in very rare and specific circumstances.

In California, eligible employees may be able to recover the following workers’ compensation benefits:

• Medical Care: Workers’ compensation pays for all medical expenses related to treating your work-related injury or illness, including initial emergency treatment, hospitalization, surgery, therapy, rehabilitation, medications, medical equipment, and other ongoing costs. Medical care benefits also cover mileage to and from doctors’ appointments/treatments.
• Temporary Disability: When an employee cannot return to work temporarily following a job-related accident, injury, or illness, workers’ compensation pays temporary total disability (TTD) benefits. These benefits are calculated at two-thirds the injured employee’s average weekly wage and are limited to 104 weeks (within 5 years) following the date of injury.
• Permanent Disability: Injured employees may be eligible for permanent partial disability (PPD) and/or permanent total disability (PTD) benefits if their work-related injuries/illness result in permanent impairment. PPD and PTD benefits are calculated based on the employee’s “impairment rating,” among other factors.
• Supplemental Job Displacement: Also known as “vocational rehabilitation” benefits, supplemental job displacement benefits are available when an employee is no longer able to work at his or her previous employment after reaching “maximum medical improvement” (MMI). Eligible employees may receive a voucher for up to $6,000 for retraining costs.
• Life Pension: Employees who are severely but not totally disabled, meaning they are given an impairment rating of 70 – 99%, may be entitled to life pension payments through the workers’ compensation system. Eligible employees will receive a small supplemental payment weekly for the remainder of their lives.

Additionally, when an employee dies due to a workplace accident or job-related injury or illness, their surviving spouses and/or dependents may be eligible to receive death benefits through the California workers’ compensation system. Benefits include costs associated with funerals/burials, as well as lost income, wages, earnings, and other employment benefits.

How Can an Attorney Help My Workers' Comp Case?

Even if you are fully entitled to workers’ compensation benefits, you may have a difficult time actually recovering those benefits. Many initial workers’ compensation claims are denied, and still others are disputed, or benefits are reduced or terminated by insurance companies looking to protect their bottom lines. Even in the most straightforward of cases, filing a claim can be very confusing and overwhelming, especially when you are focused on getting the medical care you need and working on your physical recovery.

As much as one would like to believe that their workplace cares for their well-being, a lot could go wrong with a claim. There are various reasons why you should work with a reliable lawyer if you find yourself in this situation.

A Lawyer Can Help You Against an Employer that Won't Pay

There is no denying that your employers insurance is supposed to pay your medical bills, along with any other expenses that you may incur from your injury. However, there could be a time when your employer simply won't help.

There are various situations that could see this problem. One of the things could be that your employer never actually moves things along and files a DWC-1 form to get your case started. Another instance could be that your employer refuses to take responsibility for your injuries.

If your employer tries to refute your claim, a good lawyer will be able to help you fight for your rights and get the proof you need.

You Will Need to Put Together Proof of Your Claim

If you have been injured in the course of your employment, you are most likely entitled to compensation. However, this does not happen automatically.

You will need to first gather all the evidence that proves that you were injured in your workplace. You can reach out to a lawyer so they can guide you on how to start a worker compensation claim.

Plus, they will help you put together what you need and take the right steps moving forward to build your case.

A Lawyer Can Assist You Against Parties That Will Try to Bury the Report

There could be a time when insurance companies will try to bury your claims against them. It's bad enough when an employer tries to spin the claim in a way that doesn't acknowledge their fault in the injury, but it can be even worse when the insurance tries to cover up the whole incident altogether.

They may try to get other parties involved to get away with it and find ways to change the story or silence the individuals affected. For this, you will need a consultant that is prudent with their research and ability to challenge such opposition.

You Should Have Someone That Can Enlighten You On Your Benefits

In the case that you believe you deserve workers' compensation, it is essential that you have someone that can guide you on your rights, as well as explain the benefits of your claim. This way, you can truly get the most out of your situation and hopefully receive the benefits that you have a right to.