California Workers Compensation Guide
The California Workers Compensation Guide was created by Myers Law Group to help residents who have been injured in an accident obtain maximum compensation for their claim.
Your workplace injury is likely turning your whole world upside down. We are sorry you’re experiencing this terrible time. We’re here to make it a little easier. Call our California workers compensation lawyers today for a free consultation.
Why You Need Workers’ Compensation
You are given the opportunity to get workers’ compensation when you need to be covered for an injury that happened within the execution of your job. It can cover your medical bills, the cost of rehab, and the wages you’ve lost taking time off from work to heal. You’re provided these benefits through your employers workers’ compensation because they want to get you back on your feet and back to work. You can get workers’ compensation for a number of reasons. We often see construction workers get hurt on the job, but workers’ compensation claims also come up in office settings and retail stores. All kinds of folks experience injury at work. It’s not always heavy labor workers. For example, if you’re stocking shelves and you are carrying a heavy item up a ladder when you fall and hurt yourself, you can apply for workers’ compensation. Likewise, if you’re at your accounting firm and you trip over unsecured wiring by the printer and hurt yourself, that’s also a workplace injury. The worst thing you can do after an injury like this is pretend that it never happened. We strongly encourage that you record the incident right away. There’s no way you can tell your employer that you need workers’ compensation if they don’t even know you got hurt at work.Steps to Take After You Are Injured at Work
As mentioned above, it is essential that you let your boss know you got hurt. They need to be aware of your injury. More often than not they will report it and make an official documentation about your accident. This is the first crucial step to take, if you want a claim. You can tell anyone in charge that you were hurt. It doesn’t have to be a CEO. It can be your manager or supervisor. Don’t just turn to a coworker, however, and say you’re hurt. Make sure your employers know and officially document it. And get a copy of those records.What Happens Next
Your report should then be filed correctly. After that you will learn more about how much workers’ compensation you will get. It could be a portion of your hourly wages or salary. A number will be set to cap what you can receive. This period of time after you have reported your injury would be the ideal time to get in touch with a California workers’ compensation lawyer. They will ensure you have done your due diligence. They will make sure no stone is left unturned. It is your job to reach out to a lawyer. The sooner the better. A step you should not forget is getting yourself to a doctor to get your injuries looked at. Make sure you’re taking care of yourself at this time. It is vitally important. Waiting to get medical treatment is a huge mistake for a couple of reasons. First, your health will suffer if you don’t get treatment for your injuries. No one wants to be in pain. Second, your workers’ compensation insurance company is going to likely be reluctant to help you get coverage for your injuries if you haven’t been treated by a doctor.Benefits of Filing for Workers’ Compensation
A lot of trouble can arise after an injury. You may require surgery. You may no longer be able to do the job you used to do. Workers’ compensation allows you to get better. It covers medical treatment to help you feel better. It covers rehab so you can get your body working again. It covers lost wages so you don’t rush back to work while you’re still suffering. You can get your medication covered if you need it. Sometimes, it will even cover travel, if you need to travel to appointments for anything injury related. If you have any questions regarding this or any other work injury related topics, please don’t hesitate to reach out to our California workers compensation lawyer right away.
After a Workplace Injury
I recently received a phone call from an employee that had been seriously injured at work. He asked me what steps he should take in light of being injured at work. I told him first of all, make sure that he gets to a safe place and that he feels safe. Second, as soon as practical, he should notify his employer, his immediate supervisor or human resources, that he has been injured.
Third, he should go seek immediate medical treatment to make sure that he doesn’t further injure himself. Lastly, I told him, in California, it’s important to find an attorney that can handle his Workers’ Comp claim. If you’ve been injured at work and you’re looking for an attorney, I encourage you to call my office so that we can help you with this process and get you the medical treatment that you deserve.Reporting a Workplace Injury
I was recently asked whether or not it is important to notify a supervisor or employer that you’ve been injured at work. If you’ve been injured at work, it is important for you to contact your employer and let them know that you’ve been injured at work as soon as practical. If you’ve been injured at work, reach out to either your supervisor or human resources to let them know.
If the injury has happened over time and you don’t have a specific injury date, it’s still important for you to notify your employer that you’ve been injured at work. If you’ve been injured at work, but you still haven’t filed a claim, it’s still important to notify your employer that you’ve been injured at work, even if it’s been a week or two. If you’ve been injured at work and you have any questions regarding notification to your employer, feel free to give us a call. The attorneys with The Myers Law Group would love to answer your questions and we’d love to represent you.Not Reporting a Workplace Injury
I was recently asked if a claim be denied if the worker didn’t report the injury. The general answer is yes, an employer will deny a claim if the claim was not reported while at work. If you’ve been injured at work, but you haven’t reported the claim yet, it’s important for you to report the claim as soon as possible even if time has gone by.
The earlier that you report the injury, the easier it will be for an attorney to show that the injury was caused at work and that the employer should be liable for the injury. If you have any questions as to whether or not your claims can be denied or reporting a claim, feel free to give us a call. I’d be happy to answer any of your questions.
Choosing a Workers’ Compensation Attorney
I was recently asked by a client how to identify the best attorney for a Workers’ Comp claim. I told the employee that it’s important when looking for a Workers’ Comp attorney that you try and find somebody that knows Workers’ Comp and has a specific set of attorneys representing just Workers’ Comp clients. I told him that it’s important to find an attorney that knows the Worker Compensation Boards in your area and that those attorneys know the physicians in your area to make sure that you get the treatment that you need and that you deserve.
I also told the person that it’s important to find a law firm that knows not only just Workers’ Comp attorneys, but also other civil litigators so that when you are ready to return to work you have a full team ready to fight for you. If you think you are looking for a Workers’ Comp attorney and you’re looking for a firm, please feel free to give us a call. We’d be happy to help.
Do I Need a Workers’ Compensation Attorney?
I was recently asked why it’s important to have a Workers’ Comp attorney for your Workers’ Compensation claim. I think it’s important for employees to have somebody there that is helping them through the process. That process isn’t just with their claim through the Workers’ Compensation Board; it’s also important that somebody is fighting for you to make sure that you’re getting the treatment that you deserve and that’s available to you. That includes seeing the right specialist, if you have an injury that requires a specialist. It includes making sure that you’re getting the medications that you need, if a doctor prescribes you medication.
What Is Considered a Workers’ Compensation Injury?
I was recently asked what type of injuries are covered under California’s Workers’ Compensation law. The answer is actually quite simple. Any injury that you suffer at work is covered under California Workers’ Compensation law. That includes both physical injury to your arms, to your wrist, to your legs, any type of physical injury. It also may include psychological injury as a result of the type of work that you have.
It also includes issues like cancer and long-term medical issues that require medical treatment. If you have a question as to whether or not your injury may or may not be covered under Workers’ Compensation, feel free to give us a call. I’d love to answer those questions for you.Seeking Medical Treatment After a Workplace Injury
A question I sometimes get from injured employees is whether or not they should go see the company doctor. Follow-up discussion usually reveals that the employee believes the company doctor doesn’t have their best interests at heart. Is there anything that I can do? Under California law, it’s important for you to understand that the employer has the option of sending you to a doctor of their choice. With that being said, it’s important for you to understand that there are other options available to you throughout the Workers’ Compensation process. That includes seeing what sometimes is referred to as the “company doctor”, as well as trying to get referred out to either another doctor or another specialty.
If you feel that there are issues with your current medical treatment, either because the doctor isn’t taking your injuries seriously or the employer isn’t taking the doctor’s work restrictions seriously, it’s important for you to understand that, under California law, you have rights. If you have any questions regarding this process under California Workers’ Compensation law, please feel free to give me a call. I’m happy to help.
Denied Workers’ Compensation Claim
A question that we receive all too often here at the firm is what to do once a claim has been denied. The reality is that, all too often, valid claims are denied by the employer or, more often than not, by the insurance carrier. In fact, a lot of times, claims are just denied as a matter of course.
If you have filed a Workers’ Compensation claim and the insurance carrier or the employer is denying that Workers’ Compensation claim, it’s important for you to do a couple of things. First, it’s important for you to continue on with your Workers’ Compensation claim to make sure that you receive the treatment that you deserve. Second, it’s important for you to document the fact that you did get injured at work and that your claim should be covered under California Workers’ Compensation law. Three, I would encourage you to reach to an attorney to assist you in making sure that the claim is ultimately accepted either by the insurance carrier, or the employer, or have the California Workers’ Compensation Board find that the claim is actually work-related and that the claim should be covered. If you have any questions as a result of the claim that’s either been denied or been accepted, feel free to give me a call. I’m happy to answer any questions that you may have.Disputed Workers’ Compensation Claim
A question that I get often here at the office either on a weekly or sometimes on a daily basis is whether an employer can deny a Workers’ Compensation under California law. The reality is the employer always has the ability to deny your claim. They can deny your claim even though your supervisor saw that you got injured. They can deny your claim even though your supervisor assisted you in filling out the Workers’ Compensation form or actually drove you to the hospital. It’s always in the employer’s right to deny your claim.
If you’ve been injured at work and your employer is denying your claim, it’s important for you to understand that you have rights and that you have the right to establish that you in fact got injured at work and that your claim should be accepted under Workers’ Compensation in California. If you’ve been injured at work and you have any questions regarding this process that you’re about to go through, feel free to give me a call. I’m happy to answer any questions that you may have.What Medical Expenses Will Workers’ Compensation Cover?
A question we frequently get asked here at the firm center around who’s going to pay for all the medical bills and treatment that a patient is facing. Under California law and California Workers’ Compensation law specifically, it’s the employer or their insurance carrier that are responsible for compensating the doctors that are providing you for the treatment related to injuries that you suffered while at work. If you’ve been injured at work and you’re concerned about who’s going to pay for the treatment, understand that it’s important for you to find an attorney that will fight to make sure that the insurance carrier pays for the medical treatment that you deserve to get as a result of being injured at work. If you have any questions regarding your Workers’ Compensation claim, feel free to give us a call. I’d be happy to answer any questions that you may have.How Long Does It Take to Resolve a Workers’ Compensation Claim?
One of the first questions I’ll get from a client is how long it typically takes for a Workers’ Compensation claim to go through. The answer to that question is really it depends on the type of injury that you have and the type of treatment that you need. There are times that a Workers’ Compensation claim might only last three to four months. During that time period, you’ll be receiving treatment and going through the process. There’s other times in which a Workers’ Compensation claim because of the injury goes on for longer than a year.
During that time period you’re receiving treatment, people are advocating for you as it relates to your claim and the Workers’ Compensation Board is involved. If you have questions with how long it will take to get through the Workers’ Compensation process, feel free to give us a call. I’m happy to answer any questions that you may have.
Employer Refuses to File a Workers’ Compensation Report
I’m often asked, what happens if my employer refuses or fails to report my injury at work. It’s extremely important that your injury is documented. If you got injured at work, you should notify your employer about your injury at work, as soon as possible. Also, under California law, it’s important for that employer to file a claim on your behalf. If the employer refuses to file a claim on your behalf, then you should be concerned that at a later point, that supervisor or that employer will deny that you ever told them about the injury— essentially, what is an attempt to deny your claim.
If you’ve been injured at work and your employer is refusing to report the injury, make sure that you contact an attorney that can assist you in filing a claim on your own behalf to make sure that somebody is fighting for you. If you have any questions with regards to whether or not your employer should file a claim for an injury that occurred at work, feel free to give me a call. I’m happy to answer any questions that may have.Suing Your Employer After a Workplace Injury
One of the questions we get here at the firm is whether or not you can sue an employer if you got injured at work. The short answer to that is, if you get injured at work, the way that you will process your claim and hold your employer accountable for the injury that was caused is to file a claim with California’s Workers’ Compensation Board. The board is typically the exclusive place for injured employees to go get the treatment that they need, as well as to be compensated for those claims. The California Workers’ Comp Board is specifically tailored to address the injuries related to injuries occurred while at work.
If you’ve been injured at work and you need assistance in filing a claim with California Workers’ Compensation Board, it’s important for you to find an attorney that specializes in that area of the law. If you have any questions regarding that process, feel free to give me a call. I’m more than happy to answer any questions that you may have.Fired After Filing a Workers’ Compensation Claim
A question I get here at the firm all too often is can I be retaliated against if I file a Worker’s Comp claim. Now, the vast majority of times, Workers’ Compensation claims go on without a hitch. Employees unfortunately get injured, they file a claim, they seek the treatment that they deserve and that they need, and then the claim is resolved. Employees are able to continue working for the company and continue with the career that they enjoy.
Sometimes, employers do the wrong thing. After filing claims, sometimes employers retaliate against an employee. California law is very specific and very clear. The law prohibits employers from doing anything to retaliate against an employee for filing a Workers’ Comp claim. If you’re concerned that you may be retaliated against for filing a Workers’ Compensation claim or you have been retaliated against for filing a Workers’ Comp claim, feel free to give us a call. It’s important for you to understand your rights. If I can answer any questions about California Workers’ Compensation law and your rights, feel free to give me a call. I’d love to answer them.Can I Get Workers’ Comp If I Work From Home?
A question that we get a lot now is whether or not injuries that occur at home while working for your employer are covered under California Workers’ Compensation. The short answer is yes. Even if you’re working from home, your claim is going to be covered if your injury was related to work. If you’ve been injured at work, whether that injury happened physically at the location or away from your work location, including your home, it’s important that you find an attorney that can assist you with that claim. If you have any questions with regards to Workers’ Compensation here in California, feel free to give me a call so that I can answer any questions that you may have.
Injured While Working as a Volunteer
I recently received a phone call from a volunteer at an organization. The volunteer had gotten injured at the organization and was asking me whether or not their injury was covered under Workers’ Comp. I would say the general rule is that, as a volunteer, you’re not an employee, and therefore your claim wouldn’t be covered under Workers’ Comp.
That being said, it was important for that volunteer to reach out to an attorney because their claims very well still may be covered under California’s other statutory frameworks. It’s important that, if you’re a volunteer and get injured while working for that organization, that you find an attorney to figure out whether or not those claims are either covered under California Workers’ Compensation or another California statute. If you have questions because you got injured while volunteering for an organization, feel free to give me a call. I’m always happy to help answer your questions.Pre-Existing Conditions
Last week, I was asked by a client as to whether or not his injury at his current employer would be covered under California law because the injury was aggravating a condition that he had prior to working for his current employer. I told him that, in fact, under California law, any injury that is made worse by your current employer is going to be covered. If you have a pre-existing condition because of a previous work injury or if you have a pre-existing condition unrelated to work that is being aggravated or made worse by your current position, under California law, your claim is most likely covered.
If you have a question about a current injury that is being aggravated by a previous condition, it’s important that you talk to an attorney. If I can assist you with that process, feel free to give me a call. I’m happy to help.Partially at Fault for a Workplace Injury
We recently received a phone call from a client who got injured at work. He admitted that, to some degree, the injury was caused by his own fault. He was careless. He asked if, under California law, he was still covered.
The general answer is yes. As long as you’re injured at work, California Workers’ Compensation is going to cover that injury. If you’ve been injured at work, even if it’s a little bit your fault, feel free to give us a call. I’m happy to answer any questions that you might have.Temporary Partial Disability
Last week, I was having a conversation with an employee who was able to go back to work, but at less than the full-time hours that they were typically working. I told them about a concept called temporary partial disability. Workers’ Compensation and employers want employees to return back to work, so there’s support within the system that, if you can work four out of your eight hours, you go back to work and the employer pays you for working four out of the eight hours.
Now, what temporary partial disability does is it continues to pay for those other four hours that you’re still unable to work as a result of your disability. In this circumstance, the employee, like I said, could go back and work part-time four out of eight hours. They were going to do that for about a two-month period and then they were going to move up to six hours and not be able to work two out of the eight hours. I explained to the client that at that point, you’ll receive your two hours of pay extra until you’re released to go back to your full eight hours a day. At that point, you wouldn’t be receiving any temporary partial disability. That’s an area of benefits which contemplates that you can’t work your full eight hours, but you can work a partial workday and how you’re going to be compensated for that. If you have any questions regarding any disability payments that you’re receiving as a result of your Workers’ Compensation claim, feel free to give us a call. We’re happy to answer any questions that you may have.
Total Temporary Disability
One of the questions I get in California Workers’ Compensation law is: What does the acronym TTD stand for? It stands for total temporary disability. If you’ve been injured at work and your employer can’t accommodate you with the restrictions that your physician has provided, at that point, you’re considered TTD— total temporary disability. As a result, you’re entitled to payments under California Workers’ Compensation law.
If you’ve been injured at work and your employer hasn’t been able to return you to work in light of the restrictions that your doctor has given you and you have questions as to what benefits you’re entitled to or what rights you have, it’s important for you to get those questions by an attorney that can answer those questions. If my office can assist you in answering any of those questions, feel free to give me a call. I’m happy to answer any questions that you may have regarding your Workers’ Compensation Claim and any benefits that you’re entitled to.Vocational Rehabilitation
One issue that comes up in a Workers’ Compensation claim is whether or not an employee is entitled to vocational rehab. Vocational rehab typically comes up towards the end of a Workers’ Compensation claim in which the doctor is providing work restrictions that the employer believes they can’t accommodate and the employee is being offered vocation rehab. It’s important for you to understand that, before you answer the question of whether or not you’re entitled to vocational rehab, you need to consider whether or not you can continue working for the employer in either your normal customary job or whether or not you’re entitled to another position within the company.
If you’ve been injured at work and the doctor’s providing you with work restrictions, but the employer is saying that they can’t accommodate those work restrictions, you should really ask yourself, can the employer actually accommodate the position and can you do your normal and customary job with those restrictions, or is there another position within the company that would allow you to continue to work for the company that’s vacant? If you’ve been injured at work, and you’ve been provided work restrictions, and you still want to work for the company, don’t just assume that because they’re offering you vocational rehab, that doesn’t mean that you aren’t entitled to continue to work for the employer. If your condition is such that you can’t do your normal and customary work, you are entitled to vocational rehab to allow you to seek training to learn a new skill or trade so you can go work for a different employer or even with your current employer with this new skill or trade. If you’ve filed a Workers’ Compensation claim and you’re concerned as to whether or not you can continue working for your employer at the end of it or whether or not you’re entitled to vocational rehab, make sure that you find an attorney that can answer those questions for you. If you have any questions regarding California Workers’ Compensation process, please feel free to give me a call.Health Insurance and Workers’ Compensation
One of the questions that we sometimes get is: What impact does filing a claim under California Workers’ Compensation have on an employee’s health insurance? It’s important for you to understand that Workers’ Compensation benefits are paid out of Workers’ Compensation Insurance that your employer has and typically aren’t paid out of the insurance that’s provided to you either from the employer, or from some other agency, or from your spouse’s insurance plan. Filing Workers’ Compensation claims should have no impact on your current health insurance. If you have questions with regards to what impact filing a claim will have on your own health insurance, feel free to give me a call. I’m more than happy to answer any questions as to what impact filing a claim has related to your health insurance, your injury, or your job.
Will My Workers’ Compensation Case Go to Trial?
A question we sometimes get early in the process is whether or not a client will need to go to a hearing or to court if they file a Workers’ Compensation claim. For the most part, it will depend on how far your claim goes and what the Workers’ Compensation Board will require of you. I would say that, for the most part, most cases don’t actually go to hearing. Once you hire an attorney, the insurance carrier and the employer will work with us to make sure that you receive the treatment that you deserve. Some of that is making sure that you see specialists that need to see you. Sometimes, that requires you to go and sit for depositions for you to explain how you got injured.
While every claim is different, for the most part, you won’t be required to go to the Workers’ Compensation Board for a hearing. With that being said, we will assist you through every step of the process. If you ultimately have to go to the board, you’ll have an attorney with you; if you sit for a deposition regarding your claim, an attorney will be with you. If you have questions regarding the process, I think it’s important for you to find an attorney in California who can assist you through that process. If you have any questions regarding the Workers’ Compensation process here in California, give us a call. I’m happy to answer any questions that you may have.Workers’ Compensation Statute of Limitations
I was recently asked how long someone has to file a claim in Workers’ Compensation. The general rule is one year from the date of injury. If your injuries happened over a period of time and it’s happened over a number of years, and you continue to get injured, that time is extended over time. The general rule is that you have one year from the date of injury to file the claim. If you have any questions that my office can provide to you regarding any type of claim in Workers’ Comp, please feel free to give us a call.Workers’ Compensation Hearing
Clients often contact us with concerns after having filed a claim, saying they are nervous about the process going forward and whether or not they will need to attend a Workers’ Compensation hearing. Throughout the entire Workers’ Compensation process, you have to understand that not everybody has your best interests. A lot of employers will do the right thing and make sure that you get the treatment that you deserve; other times, the employers will deny claims despite the fact that they know that you got injured at work.
Still other times, it’s not the employer that’s getting in the way— it’s their insurance carrier. The insurance carrier has denied a claim despite the fact that your supervisor, or your foreman, or your human resource representative knows that you got injured at work and agrees that you got injured at work. Despite all that, they have an insurance carrier that is denying your claim. If you’re nervous about making sure that your claim is accepted or you’re nervous about going in front of the Workers’ Compensation Appeal Board, make sure that you understand that there are attorneys out there that can assist you through that process. If you have questions regarding the process going forward, including sitting for depositions or showing up to hearings, feel free to give me a call. I’m happy to answer any questions that you may have as to what to expect once you file a Workers’ Compensation claim here in California.
Workers’ Compensation Settlement Offers
Yesterday, I talked to a potential client who had filed a claim nine months ago and had been seeking treatment, but was now being approached by the employer about settling their Workers’ Compensation claim. The client was concerned as to whether or not the release was fair. It’s important for you to understand that a lot of the claims in Workers’ Comp do get settled, and that they are resolved.
It’s also important for you to understand that by releasing your claims, you very well could be releasing the employer from claims outside of Workers’ Compensation or that you’re releasing your Workers’ Compensation claim for a number that actually doesn’t fully compensate you for the injury that you incurred as a result of getting injured at work. Also, sometimes as part of a release, the employer will want you to quit or resign. Just because you filed a claim doesn’t mean you have to resolve the claim by settlement. Also, by no means does it mean that you need to quit in order for you to get Workers’ Compensation benefits. If you filed a claim and your employer is approaching you about resolving a claim, it is important for you to understand your rights. You have questions regarding what type of benefits you’re entitled to and what impact signing a release might have on your claims, please make sure that you reach out to a firm. I’m happy to answer any questions that you may have.Wage Replacement
A question that we unfortunately get from some of our clients is, what happens if I’m not ever able to go back to my job? Under California law, it’s important for you to understand that, if you’re too injured to work and a doctor won’t release you back to your normal and customary position, the employer isn’t obligated then to put you back into a position that you just can’t do. With that being said, it’s important to understand also that you still have rights with regards to what type of job that you may be able to do for the employer. Under both Workers’ Compensation as well as other areas of California law, the employer still has an obligation to look for a position for you, whether or not it was your previous position or a new position within the company that’s vacant that you could do with the restrictions that the doctor has given you.
If you’ve been injured at work and the doctor is giving you restrictions that your employer says they can’t accommodate, it’s important for you to find an attorney that can fight for you. If you have any questions with regards to your ability to return to work and what the employer’s obligated to provide to you, feel free to give me a call. I’m happy to help with any questions that you may have.Paying Bills While Waiting for Workers’ Compensation
A lot of our clients have questions about how to pay the bills now that they have filed a Workers’ Compensation claim in California and the doctor’s taken them off work. If the claim has been accepted, you’ll start to receive payments from the employer’s insurance carrier to assist you in meeting your day to day needs. If the claim is denied, then you’ll be able to file a claim with California State Disability and receive disability payments while you are out on medical leave. If you’ve been injured at work and you filed a claim, and your employer has denied your claim, and you need assistance with filing a claim with State Disability, it’s important that you reach out to an attorney that can help you. If I can be of assistance, feel free to give me a call so I can answer any questions that you may have with regards to a Workers’ Compensation claim, including trying to get paid while you’re out during your injury.
Am I Entitled to Benefits While My Workers’ Comp Case Is Pending?
One question I get asked routinely is: What impact does my claim being denied have on my entitlement to benefits? Can I get benefits while my claim is being processed? The answer is yes and no. If you’ve filed a claim and it’s been denied by your insurance carrier, it’s important for you to file for State Disability in the state of California. If your claim gets accepted through State Disability in California, you’ll hopefully receive payments through California State Disability.
In addition to State Disability, even if your claim has been denied, you’re still entitled to medical treatment. If your claim has been denied, it’s important for you to understand that you have benefits still available to you, including State Disability and seeing a doctor that can assist you in making sure that you receive the medical treatment that you deserve. If you have any questions regarding a claim that’s either been denied or accepted, feel free to give me a call. I’m happy to answer any questions that you may have.Unemployment Insurance and Workers’ Compensation
One issue that comes up for individuals that file a Workers’ Compensation claim is whether or not they are also entitled to apply for other benefits, including State Disability and Unemployment claims. Under California law, it’s clear that you can’t double-dip. You can’t receive disability payment for Worker’s Comp while at the same time receiving benefits for State Disability or Unemployment. You’re really only entitled to one benefit at a time.
Other issues that will come up revolve around claims that are initially denied and then later accepted. While it was denied you were receiving State Disability, but now that the claim is accepted, they want to go back and pay you for disability under Worker’s Compensation. If you’ve been injured at work and there’s an issue as to who should be paying and/or what benefits you’re entitled to, it’s important for you to understand what your rights are as to whether or not you should file a claim under Workers’ Compensation, whether or not you’re entitled to also file a claim for State Disability, or whether or not you’re entitled to Unemployment. I’m not saying that you’re not entitled to all of those types of benefits at different aspects or different times of your claim, but it’s important that you know when you’re entitled to those three different types of benefits. If you have questions as to what benefits you’re entitled to or any questions regarding your claim that you filed under California Workers’ Compensation, feel free to give me a call. I’m happy to answer any questions that you may have.Limits to Workers’ Compensation
Clients often ask if there is a cap to the amount of damages that they’re entitled to under California’s Workers’ Compensation law. As it relates to the Workers’ Compensation law, in fact, there is a cap. Your damages will be calculated based off the disability rating that the physicians within California Workers’ Compensation provide for you. That permanent disability will be translated into a percentage of total disability. That percentage has a dollar cap related to that percentage of disability. It’s important for you to find doctors that care for you and that will look to make sure that your injury is properly calculated as to the impact that injury has on your day to day life.
It’s also important to understand that there are situations in which your recovery may be found outside of Workers’ Compensation. If you’ve been injured and you still think that you can work for the company, but your employer refuses to return you back to work, there’s no caps related to that type of injury because it might be covered under California Fair Employment Housing Act. Or, if your employer has retaliated against you after filing a Workers’ Compensation claim and being deemed disabled by a doctor, California labor law may also provide for remedies that don’t have a cap there. If you’ve been injured at work and you’re concerned as to what type of damages or what type of rating disability that you may be entitled to, feel free to give us a call. I’m happy to answer any questions that you may have.
Independent Medical Doctor Disagrees
This week, I’ve been working on a case in which an employee has filed for Workers’ Compensation and has two doctors providing two different restrictions. One is a restriction from the Workers’ Comp doctor and one is a restriction from his primary doctor. The employer only wants to follow the restrictions of the Workers’ Comp doctor.
Under California law, it’s important for you to understand that the employer can’t just follow the direction of one doctor and ignore the advice of the other doctor. Under California law, the employee and the employer must engage in a process to make sure that the employee doesn’t further injure themselves. If you have been injured at work or you have a disability outside of work, and you have a doctor’s note or multiple doctors’ notes that’s causing confusion as to whether or not you can continue working for the employer (or under what circumstances you can continue working for the employer), it’s important for you to understand that you do have rights. If I can answer any of those questions related to either a Workers’ Compensation claim or just questions from your doctor or any other doctor, feel free to give me a call. I’m happy to walk you through that process.Repetitive Motion Injuries
I recently had a conversation with a long-term employee who, over time, had injured themselves by the repetitive motion within her job. Day in and day out, she did the same type of work. Over the years, she noticed that her pain related to her arms, including her wrist, kept getting worse and worse. She said there wasn’t one specific day that she actually got injured; that she just noticed that her condition got worse and worse over time and that she was having a difficult time sleeping at night, holding things, and could really feel that after numerous years working at the employer that her condition was getting worse.
She asked me whether or not that type of claim was covered. I told her 100%. That’s what we call an accumulative trauma claim or repetitive motion claim. If you have an injury that you believe that you’ve sustained over an extended period of time, it’s important for you to reach out to an attorney that can assist you. If I can help you with that process, feel free to give me a call. I’d love to answer those questions for you.