Nobody goes out to work anticipating getting injured while earning a paycheck. The mantra is always quite simple: do your job, collect your pay, and go home in one piece. Accidents do happen, nonetheless, even in workplaces that would not seem to be dangerous.
If you are injured at work, it’s important to know that you have the right to claim compensation. Knowing such a right of yours may affect your healing process and bring huge financial security in case of an injury. Continue reading as we look into these rights through the lens of a Los Angeles personal injury lawyer.
Workers Compensation in California
Workers’ compensation is a form of insurance that covers medical benefits and wage replacement for workers injured in the course of employment. This ensures that employees are not paying out-of-pocket for losses that result directly from their job duties. California enforces strict regulations to safeguard these rights. Every California business must have workers’ compensation insurance, even if the company employs only one employee.
“This is not just red tape. It is an important system that ensures employees are properly compensated for job-related injuries without the confusion and anxiety of a lawsuit against their employers,” said Los Angeles personal injury lawyer Rusty Levin of Levin & Nalbandyan, LLP.
What You Can Recover in A Workers’ Compensation Claim?
Workers’ compensation is intended to cover economic damages, including medical expenses and some of your lost wages when injured at work. However, workers’ compensation typically excludes pain and suffering or punitive damages.
If you feel your injury was due to deliberate actions by your employer, such as unsafe working conditions, which you knowingly ignored, you may have a chance to pursue a claim against the employer directly.
Understanding Your Rights to Compensation
Under California’s workers’ compensation law, your right to claim benefits generally kicks in if an injury occurs while performing job duties, thanks to the no-fault approach. That is how simple the system is designed: it does not matter whose fault it was. Whether you slip on the wet floor or any malfunctioning equipment, you are covered as long as you did your job at the time of the accident.
However, not everything is covered; instances include self-inflicted injuries or those occurring while committing a felony or willfully violating company rules. Knowing where your rights start and end can help you confidently approach the claims process.
Steps In a Worker Compensation Claim in California
Recovering compensation for your injuries starts with reporting your injury to your employer as soon as possible. Documentation is key, so make sure all the details are precise. From here, your employer should then provide a claim form, which you must complete and return.
Next is the review stage, wherein your insurance company will check on your claim for approval. If necessary, you may start your treatment, as covered in the policy, and other benefits, such as wage replacement.
The process is considered complete when you return to work full-time or have settled permanently with respect to your disability if any—whichever best fits your situation.
Will You Need an Attorney in Filing Workers’ Compensation?
An employment lawyer would be superfluous in most instances since most claims go through without incidence. It is where the situation becomes complicated that an attorney comes in handy. If, for example, the claim has been denied, there is a disagreement over what is and is not covered for medical treatment or if there is a dispute over the extent of benefits flowing from such injuries.
Los Angeles personal injury lawyers are specialists in these waters and can represent you with verve. Their presence means that the insurance carriers cannot marginalize or short-change you, protecting your health and financial well-being.