The workers’ compensation laws aim to allow businesses to continue operating with confidence while providing a valuable financial safety net to injured workers. If you or a loved one suffered any injury while working, it is vital to know what you can expect from workers’ compensation insurance.

When you report your injury to your employer, they will provide you with the claim forms you will need to submit to their insurance carrier and create an incident report explaining how your injury occurred. Once you complete the prerequisites for your claim, you can proceed with submitting your claim to the insurance carrier, recovering various forms of benefits. Generally, there are four types of benefits available through workers’ compensation.

Medical Expense Coverage

If you are hurt while working, your employer’s insurance carrier will pay for all the medical care you will need to recover as fully as possible. This not only includes immediate medical treatment costs but also any costs associated with ongoing rehabilitative treatment you may need to reach maximum medical improvement.

Lost Income Benefits

When an injured employee is unable to work and earn an income due to a work-related injury, workers’ compensation insurance can provide ongoing disability benefits that help them recover. You may receive partial disability benefits if you can work but cannot earn as much income as you did previously, or you may receive total disability benefits if you cannot work at all. These benefits equal about two-thirds of your usual weekly wage, paid each week for up to 104 weeks.

Vocational Rehabilitation

Some injured workers will be medically unable to return to their previous positions because of their work-related injuries or illnesses. In these cases, workers’ compensation insurance carriers can pay for vocational rehabilitation. This is essentially new job training that can allow an injured claimant to transition to new gainful employment, typically in a position related to their previous position.

Death Benefits

In the unfortunate event that an employee does not survive a work-related injury, their family may be entitled to receive death benefits through the employer’s insurance policy. These benefits are intended to lighten the burden of the family’s lost income and to help them cover any final medical treatment costs related to the fatal injury.

Find Legal Help for Your Claim

Even if a workers’ compensation claim seems straightforward at first, there is always a chance for unexpected complications to arise and make it difficult for you to recover. Pratt Law Corporation has years of professional experience helping clients throughout the state with all types of workers’ compensation claims and related legal proceedings, and we are ready to put this experience to work for you.

You have a limited time in which to file your claim, and it is always advisable to file this claim as quickly as possible. This will prevent the insurance company from casting doubt on the legitimacy of your claim, and you will be prepared to address any unexpected complications that might arise. Pratt Law Corporation is standing by to provide the legal counsel you will need in this challenging situation.

FAQs

Q: How Much Does Workers’ Compensation Pay?

A: An injured worker approved for workers’ compensation benefits will usually receive full coverage of their medical treatment costs and disability benefits that make up for their missing income after their injury. The total value of your workers’ compensation claim depends on the severity of your injury and the level of income you earned for the year prior to the injury. An experienced attorney can help maximize your benefits.

Q: How Long Can You Stay on Workers’ Compensation?

A: The usual time limit for workers’ compensation benefits is 104 weeks. The claimant can elect to have these payments issued consecutively, or they may have them spread over a five-year term. However, if an employee is permanently disabled from a catastrophic injury, they may qualify for permanent disability benefits. Your attorney can help ensure the longest possible term to continue receiving your disability benefits.

Q: Can I Sue My Employer for a Work-Related Injury?

A: California workers’ compensation insurance typically insulates employers from civil liability for their injured employees’ damages, but there are exceptions to this rule. If your employer does not have insurance, they are fully liable for your damages. If they forced you to do something illegal or something outside of your usual job duties that had virtual certainty to cause injury, this would also leave them liable for your damages.

Q: How Long Does It Take to Finalize a Workers’ Compensation Claim?

A: If your injury clearly resulted from your work, your employer upholds their responsibilities for your claim in good faith, and you have an experienced attorney representing you, it’s possible to resolve your workers’ compensation claim in a matter of a few weeks. If your employer and/or their insurance carrier contests your claim, or if you have grounds for additional legal recourse, this can extend the time it takes for you to recover compensation for your injury.

Q: Can I Still Claim Workers’ Compensation if I Caused My Own Injury?

A: California is a no-fault workers’ compensation state, so you can still claim compensation for your work injury if you caused the injury yourself as long as it happened from an honest mistake you made while working in good faith. If you injured yourself because you were working under the influence of alcohol or drugs, if you intentionally violated workplace safety regulations, or if you engaged in any illegal activity at work that caused your injury, these issues may disqualify you.

You’re likely to have many pressing legal questions after suffering any injury at work, and the right attorney can be invaluable for helping you recover from your injury. Pratt Law Corporation is ready to provide the comprehensive legal support you need to approach your workers’ compensation claim with confidence and maximize your benefits. Contact us today to schedule a consultation with our team and learn how we can help.