Many Californians are injured at work on a daily basis, but do not understand how does workmen’s compensation works in California.
Most employees just want to work and support their families. But many jobs are either dangerous or because of the repetitive nature of the work result in injuries. Sometimes the injuries are minor but sometimes they are major and life altering.
You should not let an employer or manager intimidate you from exercising your rights under the California Workers Compensation Act.
Workmen’s Compensation…What Is It?
To start, you may be wondering just what the whole phrase “Workmen’s Compensation” even truly is. It’s often a phrase that we hear around us a lot, especially in our work environment…but to fully understand the whole process of workmen’s compensation works, it is indeed highly important for us to first dive into just what the phrase itself means!
A Short Definition
Workmen’s compensation is a system that provides benefits to employee that are injured in the course and scope of their employment.
Why Is Workmen’s Comp in Place?
Many people often wonder why such insurance is even put in place…one of the most frequently asked questions involves employees who want to know more about the purpose of the Workmen’s Comp in the hopes of learning just how it can benefit them!
Workmen’s Compensation (also known as Workmen’s Comp) is a State of California system that was established in 1913 as a procedure to provide benefits to injured workers and protect employers from the high cost of personal injury lawsuits. That is right workers’ compensation is a benefit to employers too. If employers were unable to purchase workers compensation insurance they would not be able to afford the high cost of medical bills incurred by their injured employees.
Workmen’s Compensation in California
When it comes to Workmen’s Comp in California, employers are required to obtain workers compensation insurance coverage that provides benefits to injured workers.
The following are some of the benefits that are provided to employees in California through Workmen’s Comp.
Medical Treatment
If an employee is injured in the course and scope of his employment he or she is entitled to medical care. An employer’s insurer has 90 days to accept or deny your claim. While the insurance company is deciding whether to accept or deny the claim they must provide medical care up to $10,000. After the claim is accepted the insurance company will continue. In some cases the insurance company will continue care for the injury for the remainder of your life.
Temporary Disability Payments
If you are unable to work because of your injuries workers compensation will provide temporary disability benefits. You will receive these payments every two weeks. The payments will represent two thirds of your gross pay, tax free. The minimum amount you can receive is $281.57 per week and the maximum is $1871.07 per week.
Thus, while you are recovering from you injuries you will be able to pay your bills.
Benefits of Permanent Disability
Often, employees end up in cases where they are diagnosed with injuries that they cannot recover from or are told by doctors who can no longer work due to the injury they suffered at their workplace. These injuries leave the employees crippled, and hence Workmen’s Comp provides them with benefits to keep them afloat when they are no longer able to work.
Vouchers for Job Displacement and Supplements
If employees are told they cannot return to work and do their original job due to their injuries, Workmen’s Comp will help the said employees by providing vocational rehabilitation. This is training for a new occupation.
Benefits after Death
In the event a worker should die as a result of work related injuries his dependents are entitled to workers compensation death benefits.
What Type of Injuries Are Not Covered by Workmen’s Comp
One must be rather careful when it comes to Workmen’s Comp as there is a list of instances or injuries that are indeed not covered by this insurance. Once you begin to work with a trustworthy lawyer, he can walk you through the whole process. Here is a list of some injuries that are excluded from workers compensation:
- The employee is injured in a fight, he/she started
- They injure themselves on purpose
- If employee was intoxicated at work during the time of injury
Calculating the Benefits, You Will Receive through Workmen’s Comp in California
As stated above in the State of California, if you get a workplace-related injury, it is known that you will indeed be entitled to receive two-thirds of your pretax wage; the government indeed sets this number.
However, some organizations and companies have programs that are built to help employees in case of injuries. This is not a program that the government has established, but is something individual companies have established such as short term and long term disability. Which provides additional income to the temporary disability that workers compensation provides
Calculations
For you to calculate your weekly wage, all you need to do is;
- You can start by making sure to divide what you earn in a year by 52.
- For example, if a person makes about seventy-two thousand dollars a year, you need to calculate what amount they would make in a week.
- Then two thirds of your weekly average wage is the amount you receive in temporary disability benefits.
- If the company you work for has a Disability with Leave Pay program, they will make up the remaining money you were otherwise losing per week. The state would pay the perfect amount that you usually earn.
If this is just to much call a workers’ compensation lawyer
An experienced lawyer can step in and make sure you are receiving medical treatment you deserve. A lawyer can make sure you are receiving temporary disability benefits and make sure you are receiving the proper amount.
All California workers compensation lawyers represent injured workers on a contingency. This means you do not pay the lawyer by the hour for his work. The lawyer is paid a percentage of the final recovery at the end of the case. In California this percentage is customarily 15%.
If you have been injured at work and are fearful that you might lose your job and be unable to pay your bills, you need to talk to a lawyer that can put you at ease. California has established the workers compensation system to help persons just as you. You are entitled to medical care to cure your injury and you are entitled to pay while you are recovering from your injuries.
It is illegal for an employer to fire or retaliate against you just because you have make a workers compensation claim. You may even be in a lot of pain as you try to work through it just to keep your job secure. We understand that following a work injury pressure from your family and work can weigh upon you, and we would want nothing more than to cary the weight of your worries and provide you with the tools you need for a speedy recovery.
With deep-rooted determination and great knowledge of California law, it would be my utmost honor to help you gain your benefits through the Workmen’s Compensation Act!
Feel free to contact me, as all I hope is for you to get the maximum amount of compensation along with the best treatment to get you back on your feet!