Can You Recover if You are at Fault in Your Workers’ Comp Claim?
Employees who suffer an injury while they are performing a job duty can be eligible to recover benefits through the California workers’ compensation system. These benefits are typically awarded without regard to fault. Therefore, work injury victims can recover compensation and benefits regardless of how the workplace accident occurred or who caused it.
If you have suffered an illness or injury while at your workplace, you might be able to file a claim for benefits. A knowledgeable Garden Grove workers’ compensation lawyer in your area can review the circumstances of your workplace accident with you and determine if you are eligible to file a workers’ compensation claim. If so, your lawyer can file the benefits claim on your behalf, pursue various benefits on your behalf, and represent you at all legal proceedings throughout your claim.
Eligibility for Benefits through the California Workers’ Compensation System
Injuries and illnesses suffered on the job can leave many workers in need of medical treatment and incapacitated for a significant amount of time. Regardless of who or what caused the accident, an injured worker who is an employee could make a claim for workers’ compensation benefits. The employee must have been on the job and performing a job duty at the time he/she suffered in the illness or injury.
You don’t have necessarily be performing a job. You can simply be going down to your car to get your jacket or lunch during your work hours. Accidents during break or going to restroom are also covered.
Although employees may be eligible to file a claim for benefits, an independent contractor will not be eligible. Unlike employees, independent contractors receive a form 1099 at the end of a tax year and generally have more flexibility than employees regarding their work schedules and hours.
Just because a person is hired as an independent contractor does not make them one. The court will examine the facts and decide if the person is an employee or independent contractor.
When it comes to filing a California workers’ comp claim, having a lawyer on your side to represent you is essential. If you do not have legal representation throughout your compensation case, the insurance company will try to take advantage of you and avoid paying out benefits. A skilled lawyer will be able to advocate for your legal interests and pursue the compensation that you deserve through the California workers’ compensation system.
Types of Benefits that are Available to You
If you have been injured in the course of your employment and you file a timely claim for workers’ compensation benefits, you could recover several types of benefits. The amounts and types will often depend upon various factors, including the type of injury or illness you suffered while you were on the job, the extent of your injury/illness, and whether you suffered a permanent injury.
Types of California workers’ compensation benefits include payment of all related medical expenses, reimbursement for a portion of your lost wages, and permanency benefits if a healthcare provider determines that you suffered a permanent disability while on the job or during a workplace accident. Vocational rehabilitation Voucher may be available for injured workers who have some disability and are not able to return to their employer.
A knowledgeable Garden Grove workers’ compensation lawyer will do everything possible to maximize your benefits and get you the compensation that you need.
