California Workers’ Compensation Law Overview
California law requires employers to carry workers’ compensation insurance to protect workers who are hurt on the job. In exchange for this requirement, workers give up their right to sue their employers in civil court for personal injuries suffered on the job. California worker’s compensation system is a no-fault system, meaning that even if the employee’s injury or illness was caused by his or her own doing, they are still covered by the employer’s workers’ compensation policy. Workers’ compensation policies typically cover some of the following benefits:
- Medical expenses to treat the injury
- A portion of lost income or wages
- Temporary/permanent disability
- Vocational rehabilitation
Common workplace injuries
Some common workplace injuries include:
- Muscle strains
- Injuries caused by repetitive motion
- Cuts and lacerations
- Inhaling dangerous fumes
- Working in excessively noisy environments
- Slip and fall related incidents
- Vehicle accidents
- Disputes amongst co-workers that lead to injuries
How do I file a workers’ compensation claim for an injury I suffered at work?
There are strict time limits involved in filing a workers’ comp claims. Therefore, after a workplace injury it is important to immediately notify your employer of the injury to start the filing process. Within one business day of reporting, your employer should give you a form called DWC-1. After filling out the employee section of the form, submit the form to your employer who will complete his or her portion of the form and then submit the form to its insurance company. Your employer should give you a copy of this form for your records. The insurance company has a limited time to adjudicate your claim.
If your workers’ comp claim is denied, you may get another opinion from a Qualified Medical Evaluator (QME) who is an impartial medical expert who reviews workers comp claims. If the claim is still denied, you may file an appeal with the Workers Compensation Appeals Board. Again, there are strict time limitations involved in filing this appeal.
Contact Culver Law Firm for a Free Consultation
At Culver Law Firm, we offer contingency fee agreements. This means that you do not pay any attorney fees until the case is settled. We will work on your behalf to obtain the best possible settlement or verdict; our fees will be covered in the final settlement. There are no up-front fees for our representation. You only pay attorney fees if we recover money for your injuries. If we fail to settle your case or receive a favorable verdict, you pay not attorney fees.
We offer free consultations to answer any questions you may have about the workers’ compensation process. Our consultations are always confidential; you can trust us to represent your interests fairly. We help you to get back on the road to recovery.