California Workers’ Compensation Law 101

The basics

Law has a set of rules that regulate workers’ compensation which helps employees cover medical expenses related to injuries incurred in the workplace. If a worker gets injured while doing job-related duties, the costs for medical treatment can and should be paid through workers’ compensation. Employers’ contributions finance workers’ comp. In a way, this system is a type of insurance. While the employer is covering the damages in this way, he or she cannot suffer liability, while the employee can obtain medical care without the necessity of suing for it.

A worker who gets harmed or injured in the workplace in California is generally eligible to get reimbursed for medical costs and receive benefits. Some benefits could be connected to lost wages while the employee was unable to work and others might be related to the insurance an employer is bound to have to insure his or her workers.

The guiding idea of the law is to protect workers from injury while doing job-related duties.

The time for filing a work injury claim

A worker must report a work-related injury or temporary disability to their employer within 30 days. What is also necessary is to file a workers’ compensation claim so that the injured worker could get cash benefits according to the policy. Failing to do these will probably prevent you from collecting due compensation. This is unless you have proof that your employer should have known or positively knew about your injury within the 30-day deadline. Even if you complain about back pain, that complaint qualifies if that pain is directly related to fulfilling your job duties.

Choosing a doctor

If you want to see the doctor you regularly visit when you have health problems, you should pre-designate that doctor as your primary care physician. Unless you do that, you’ll have to visit the doctor of your employer’s choosing or one who is a member of the medical network providing insurance for your employer.

If the case is that your employer didn’t notify you about the possibility of pre-designating your physician, or the employer didn’t give you a workers’ compensation claim to fill out or didn’t post notices of your rights, you can still go to a doctor outside your employer’s medical network.

Other concerns

If it happens that your employer isn’t insured for workers’ comp, you have the option of filing a lawsuit against them for medical cost compensation, lost wages and pain and suffering. This isn’t normally possible in a workers’ comp case. The fact that your employer isn’t insured allows you to file a claim against them and get benefits from the California’s Uninsured Employers Benefits Trust Fund. In order to do that you will need an attorney to lead your case.

Sometimes employers challenge workers’ injury claims, in which case an impartial doctor attends to the worker to assess the severity of the injury. To secure a fair settlement, it’s best to have an experienced attorney by your side.

Workers’ Compensation Attorney Group has experienced, aggressive and ethical attorneys ready to take your case and make sure you get the best possible outcome. We are always available for a free case review that doesn’t oblige you to retain our services. We would like to point out that our attorneys work for a contingent fee, meaning you only pay if you get financial recovery – that’s why we are confident we can bring you a successful result. Contact us today – you have nothing to lose but time.