Employees who are injured or become ill during their work hours have the right to workers' compensation benefits in California as stipulated by the state. This translates into wages, medical insurance, life insurance, vacation time, and pensions, among others.
Compensation includes the monetary damages that the worker receives when they suffer a work-related injury or death. Those responsible for paying compensation may be: the employer, the insurance company, or third parties.
If you find yourself in this situation, contact the Conexión Legal legal team immediately by calling 1 800 201 122 or writing to us via WhatsApp to receive the best legal advice completely free of charge so that, ultimately, we can fight for the compensation you deserve with the help of a reliable, transparent, and professional work accident attorney.
You should also make sure to notify your supervisor of your injury as soon as possible. If your injury or illness developed gradually, report it as soon as you learn about it or believe your work caused it. Reporting immediately helps avoid problems or delays in receiving benefits, including medical care. If you do not report your injury within 30 days, you could lose your right to receive workers' compensation benefits.
If it is an emergency, call 911 or go to the nearest emergency room immediately, and inform the medical staff that your injury or illness is work-related. If you can do so safely, contact your employer for additional instructions.
If you do not need emergency care, make sure to receive first aid and consult with a doctor if needed. When you file a claim, your employer must provide you with medical care.
Workers' compensation payments are determined based on the employee's average weekly salary. Likewise, according to the type of injury and the medical evaluation related to the disability.
Workers' compensation is basically mandatory medical insurance. All employers are required to obtain it in order to provide medical care and benefits to workers when needed.
The workers' compensation insurance policy covers all workers in any situation. That is, regardless of whether the worker was at fault or not in the work accident that caused the injury.
This is because the state of California is governed by a no-fault workers' compensation system. The worker has the right to claim compensation benefits, regardless of who was responsible for the work accident.
In exchange for receiving these benefits, workers generally do not have the right to sue the employer. The only exception is when the employer violates labor laws or it is proven that the accident was intentional.
Likewise, you should know that the workers' compensation insurance premiums must be paid entirely by the employer; under no circumstances can this cost be charged partially or fully to the worker. When an employer asks an employee for help paying workers' compensation insurance premiums, they make a serious mistake.
Compensation insurance policies, in general, provide coverage for payment of medical bills. This includes medical fees, medications, hospitalization, examinations, surgeries, etc. Likewise, the patient's treatment and rehabilitation and payments for temporary or permanent disability benefits.
It can also cover, depending on the type of injury and the circumstances, loss of work. If the worker dies, their surviving family members have the right to claim death benefits.
On the other hand, you should also know that workers' compensation self-insurance exists. This is another viable option for employers when they do not wish to obtain an insurance policy with an insurance company. It is generally used by large companies to cover and comply with California's workers' compensation law.
Self-insurance requires prior government approval. As a requirement, the company must have a net worth of no less than $5,000,000. And annual net income in the order of $500,000, in addition to leaving a security deposit.
If you find yourself in this situation, contact Conexión Legal immediately so that we can provide you with the free legal advice you need without having to spend a single dollar out of your pocket, and thus, seek to ensure you receive the compensation you deserve with the support of a work accident attorney.
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