When you leave for work in the morning, you likely are not thinking about suffering an injury on the job. However, this should always be in the back of your head as you go about your day. Do you know what you have to do after suffering a work-related injury or illness? Do you know how much money you can receive from workers’ compensation benefits? These are all important questions that a San Jose workers’ compensation lawyer can answer, so you have a clear understanding of your rights in California.
Common Injuries That Lead to Workers’ Compensation Claims
Workers’ compensation claims involve various types of injuries and illnesses, including the following:
- Repetitive motion injuries (lifting heavy objects or typing on a computer)
- Broken bones
- Cut fingers and other lacerations
- Amputation
- Hearing and vision loss
- Exposure to toxic chemicals
- Hypertension
- Burns
- Paralysis
- Construction injuries
- Herniated discs
- Torn muscles and ligaments
- Depression, anxiety, and stress (must be determined using a psychological exam)
- Traumatic brain injuries
- Spinal cord injuries
- Respiratory disease
- Cancer
While not an exhaustive list, you can see that many injuries lead to workers’ compensation claims in California.
Workers’ Compensation Requirements in California
California Labor Code Section 3700 requires all employers in California to provide their employees with workers’ compensation benefits. If the business employs at least one person, that business must offer workers’ compensation. The workers’ compensation system in California also covers part-time employees.
Employers can face criminal charges if they do not have workers’ compensation insurance and employ one or more people. Employers are required to hang a poster explaining workers’ compensation benefits and employee rights in a high-traffic area. The poster should also explain where employees can seek medical care for injuries suffered on the job.
Benefits Available to Injured Workers in California
If you suffer an injury or illness on the job in California, you are entitled to the following benefits under the workers’ compensation system:
- Permanent disability benefits
- Medical care
- Supplemental job displacement benefits
- Temporary disability benefits
- Death benefits
Filing a Workers’ Compensation Claim
You should notify your employer in writing about any injury or illness you suffered while on the job or through the course of your employment within 30 days of it occurring. Notification must be made, or else the claims process cannot begin.
Once you notify your employer, you can then file the actual claim with them using Form DWC-1. Make sure you complete the form in its entirety and submit it to your employer in person or via certified mail. The third and final step will be to complete an "application for adjudication of claim" and submit it to the Workers' Compensation Appeals Board (WCAB).
The clock will start running on a workers’ compensation claim the minute you suffer an injury or discover an illness. The date is easy to pinpoint if you were hurt in a construction accident, car accident, or crushed your arm in a machine. However, if you suffered a repetitive motion injury or developed a respiratory disease, it can be more difficult to pinpoint an exact date.
In the instance of an illness or repetitive motion injury, the clock begins to run when either of the following occurs:
- You missed work for the first time or visited a doctor for the first time
- You either knew or should have known that the illness or injury was caused by your line of work because the doctor explained this to you
You Should Never be Fired for Filing a Workers’ Compensation Claim
California law prohibits employers from retaliating against employees who file workers’ compensation claims. If you are fired for filing a claim, you have one year from the date of your injury or illness to file a 132a claim against your employer.
Suing Your Employer and Filing a Third Party Claim
If you receive workers’ compensation benefits from your employer, you are barred from suing them for your injuries or illness. The employer having workers’ compensation insurance protects them from employee lawsuits. It is important to note that California is a no-fault state when it comes to workers’ compensation. This means that you can still receive benefits even if you caused the accident that led to your injuries while at work.
However, you might be able to file a third-party claim in the same case. If a third party, someone who has no relation to the employer, caused your injury, you can file a lawsuit against them. Third parties are often vendors, contractors, subcontractors, manufacturers, and motorists.
For example, if you are working roadside construction and are hit by a car driven by a passerby, you can file a workers’ compensation claim with your employer and a third-party lawsuit against the driver for compensation.
My Employer Does Not Have Workers’ Compensation Insurance
Even though it is required by law for companies that have one or more employees to hold workers’ compensation insurance, some companies refuse to purchase this coverage. If you suffer an injury or illness on the job and your employer does not have workers’ compensation insurance, you can still file a claim. You will file a claim with the Uninsured Employer Fund through the state of California to obtain benefits.
Temporary Total Disability Helps When You Cannot Work
If you are unable to work because of the injury or illness you suffered in the scope of your employment, you can receive temporary total disability benefits in California. The state limits your receipt of these benefits to 104 weeks. However, these benefits can help you pay for medical care, utility bills, food, shelter, clothing, and any other expenses your income typically covers. Temporary total disability is only available to those who have qualifying injuries or illnesses.
Call a San Jose Workers’ Compensation Lawyer Today
Were you injured on the job in California? A work-related injury or illness should be compensated accordingly with workers’ compensation benefits paid by your employer. When you have questions about your benefits, or your employer fails to pay, you should contact an experienced San Jose workers’ compensation lawyer about your case.
