Employers in the State of California are required to carry workers’ compensation insurance in the event an employee suffers an injury or illness while he or she is on the job. However, in many cases, when workers go to file a workers’ compensation claim seeking various benefits, they encounter resistance from their employer or their employer’s insurance company.
On the one hand, the employer might be afraid that their workers’ compensation insurance premiums will increase significantly, and they will try to avoid a comp claim altogether.
Moreover, insurance companies will usually do everything that they can to avoid paying out a benefits claim. Insurance companies make their money by collecting premiums from their insureds.
However, they may lose money – oftentimes a significant amount of money – when they have to pay out workers’ compensation and other types of claims. Therefore, some insurance companies will try every trick in the book to deny your claim for workers’ compensation benefits altogether – or significantly limit the amount of benefits they pay out in a claim.
If you have suffered an injury while you were working at your job, you might be entitled to various workers’ compensation benefits. A California workers’ compensation attorney can determine your eligibility for these benefits and could help you pursue them from your employer’s insurance company.
Eligibility for Workers’ Compensation Benefits
For you to be eligible to pursue and recover workers’ compensation benefits, you must have been injured at your job. Moreover, you must have suffered your injury while you were working within the scope of your employment. Generally speaking, only employees are eligible to recover workers’ compensation benefits. If you are an independent contractor, these benefits are not available.
Independent contractors are workers who may set their own hours and wages and generally have more independence than an employee. Moreover, during tax season, an employee will receive a Form W-2, while an independent contractor will receive a Form 1099.
Types of Benefits You Could Recover
Work-related accidents can lead to severe injuries, including head injuries, fractures, broken bones, and soft tissue injuries. If you sustain one or more of these injuries while you are on the job, you might be eligible to bring a workers’ compensation claim for benefits.
The types of benefits you might be able to receive depend on the nature and extent of your injuries. For example, you might be able to recover compensation for all of the medical bills you incurred for your treatment. You might also be eligible to recover a portion of your lost wages. If a healthcare provider determined, to a reasonable degree of medical certainty, that you suffered a permanent injury, you might be entitled to recover various permanency benefits. In addition, if your injury or injuries prevent you from being able to work in the same field, you might be entitled to vocational rehabilitation.
A California workers’ compensation lawyer near you can determine your eligibility for workers’ compensation benefits and will work to help you pursue the benefits which you need.