What is the California Workers’ Compensation system?
The California Workers’ Compensation system is not for the faint of heart. Originally conceived as an informal, easy-to-access system for injured workers, what exists today is very different. Whenever my friends ask me about the Workers’ Compensation system I always tell them the same thing—I sincerely hope that you do not find yourself inside the system because as an injured worker, the deck is stacked against you. That’s not to say that there’s nothing in the system for injured workers, but you need to tread carefully as you are often facing off with kind-seeming insurance adjusters helping their bottom line at your expense. If you have been injured due to someone else’s negligence, the personal injury lawyers in charlotte michigan can help you recover financial compensation. With all that said, here’s a brief outline of the benefits available to an injured worker in California.
Workers’ compensation laws protect people who become injured or disabled while working at their jobs. The laws provide the injured workers with fixed monetary awards, in an attempt to eliminate the need for litigation, learn more from this injury law firm in alabama.
These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce. A work-related injury is one that happened while you were doing something on behalf of your employer or otherwise in the course of employment. Most injuries that can be classified as work-related are those that occur at the workplace, but also may occur in company-owned trucks even if it is not the truck driver’s responsibility and other locations as long as the employee was doing something connected to his or her job. This includes company parties and other social events sponsored by an employer, but not necessarily on company-owned property.
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Do I get medical treatment for my work injury?
California law mandates that employers must cure or relieve injured workers from the effects of industrial injuries, check here to know more. What that means to you is that if you are injured at work and you report that injury to your employer, your employer must provide medical treatment to you for that injury. The kind of treatment you are entitled to and the limits upon that treatment will be discussed in a later article. But, suffice to say, just because you need a medical procedure does not mean that you will get it.
What happens if I can’t work after my injury?
If the Doctor your employer takes you to says that you are unable to physically do your normal work and takes you off work, your employer may offer you alternate or light duty. If they do not, your employer or their insurance company should pay you a temporary disability benefit. This benefit is paid while you are off work per your doctor’s recommendation. Temporary disability is calculated at 2/3s of your normal wage and is subject to other caps. Wondering what about taxes in the personal injury settlement? Check this site out to learn more.
What if I have lasting effects from my injury?
If after your medical treatment, your doctor feels you have some level of permanent disability, he will assign you an impairment level which will then be converted to a permanent disability rating. The dollar amount of your permanent disability depends on your level of permanent impairment and your pre-injury earnings. It’s also a good idea to get help from professionals like a slip and fall lawyer to ensure that you get the compensation you need. The second opinion process will also be explored further in a later article. If the doctor says that you are unable to return to the same kind work due to your injury, you are also entitled to a voucher that can be used at accredited schools.
Slips, trips, and falls are no laughing matter. In most healthcare facilities, falls are the second leading cause of workplace injury and the primary cause of lost work days. An average person takes 8,000 steps/day and the hard-working healthcare professional is likely taking many more. Exposure to slips, trips, and falls comes with every step and diligence is needed to stay safe and on our feet this is why many property owners end up being liable from failing to ensure there was adequate staff training and supervision. which can result in injured employees, clients or customers.
My spouse died from their injury, do I get any kind of benefit?
If the injured worker dies as a result of the work injury, his or her dependents may be entitled to a death benefit. The amount of the death benefit is determined by the number of total and partial dependents who survive the deceased injured worker. These situations can get complicated and it’s best to consult a workers compensation lawyer. As an injured worker traverses this maze, the workers’ compensation system presents many pitfalls. If you are confused, you’re not alone. If you have questions, you should consult a workers’ compensation attorney.