HOW DOES WORKER’S COMPENSATION WORK?
Worker’s compensation will cover medical expenses, disability costs, and around three-fourths of the wages, you lost from not working. When worker’s compensation is used, you are surrendering your right to sue your employer. If your employer does not have workers compensation, you may be eligible for a lawsuit against your employer. The other source of the compensation would be a claim with your state’s uninsured employer’s funds.
WHEN SHOULD I CALL AN ATTORNEY FOR WORKER’S COMPENSATION?
An attorney might be necessary for a worker’s compensation case if there are:
- Severe injuries
- Pre-existing injuries that may affect the claim
- Denials from your employer of an injury
- Denials from your insurance company for your claim
When there are nonstandard circumstances in your case, a lawyer can get you the appropriate help and compensation. If there is a third party who caused the misconduct in your injury, then an attorney would be helpful to have as well. The third party may be required to compensate you for your injuries. Though injuries are covered by workers’ compensation, payouts are often smaller than expected and don’t cover all the necessary expenses an injured person has. As attorneys who specialize in worker’s compensation, we handle every case with great attention to detail. If we don’t win your case, you don’t pay AT ALL!
CAN I GET FIRED FOR GETTING HURT ON THE JOB?
You cannot be fired for getting injured on the job and using workers’ compensation. If an employer attempts to fire you for that reason, then we can start a probable case for legal action against them. It is possible for an employer to fire you after the dispute for other work-related reasons, but not because of the injury.
WHAT DO I DO AFTER AN ACCIDENT AT WORK?
If you suffer an accident at work, you should report it to your employer immediately. You won’t be entitled to any benefits or compensation if you don’t report it within a month. The next step would be to get the appropriate treatment and get your health back. Once that is done, you can file a Workers Compensation Claim (DWC-1 Form). Employers in California are required to have Workers Compensation in the event of an injury. You will have to prove that you suffered your injury during work.
WHAT ARE COMMON WORK-RELATED INJURIES?
Work Accidents are unfortunate, but they are extremely common in the United States. Some common types of work-related injuries are:
- Slipping and Tripping. This typically happens over wet surfaces or when there is unnoticed debris. Companies should be proactive with this element.
- Overexertion Injuries. Overexertion is the most common and expensive type of work accident. It happens when workers tire themselves out by pushing, lifting, pulling, or carrying objects.
- Falling Objects. Awareness and diligence is key when it comes to falling objects. It’s important to keep an environment free of hazards
- On The Job Violence Act. Arguments and office politics usually lead to this type of injury.
- Repetitive Strain Injury. This is a newer type of injury that comes from sitting at a desk all day. Poor posture, bad joints, and general straining are common elements of this injury.
- Toxic Fumes. If you have a hazardous work environment that can affect the air you breathe, your company should take the necessary precautions to minimize your risk.
- Loud Noise. Industrial workers need protective ear protection in loud environments, otherwise, they run the risk of deafness or permanent ear damage.
HOW LONG CAN I GET WORKERS’ COMPENSATION?
You are entitled to benefits until your healthcare provider reports you’ve fully healed from your injury or your injury is not expected to heal anymore. In the event of permanent disability, you are entitled to permanent disability benefits (⅔ of your weekly wages). In cases of catastrophic injury, employees may also qualify for a lump-sum payment.