Do Workers’ Compensation Include Injured Day Laborers?

Definitely. Workers’ Compensation includes injured day laborers in California. These are also laborers hired on a one-time basis.    

One of the biggest industries in the United States is construction, which employs more than 7.5 million people. It constitutes thrice as many accidents you can expect per unit of population. Day laborers comprise one of 15 job categories partaking in this industry. They are more at risk of death or injuries from plenty of causes compared to other construction workers. Injured day laborers need to contact top workers compensation lawyers in LA.

Are you one of the injured day laborers while doing your job? If so, the law requires your employer to pay for workers’ compensation benefits. Workers’ compensation embodies, but not all, stress-related injuries your job caused. You can sustain injuries because of the following:

  • Hurting your back after a fall
  • Skin burns due to chemical splash
  • Encountered accident while making deliveries
  • Constant loud noise causes loss of hearing
  • Aching body parts due to repetitive tasks at work 

What is Workers’ Compensation in California?

In California, the workers’ compensation law is a “no-fault” structure for injuries. These injuries are work-related, whether they are incapacitating, specific disease, or injuries.  

“No-fault” means that the claimant receives compensation for the current financial loss. In this situation, there’s no blame specified to a particular person or entity. Injured day laborers don’t need to have a representative to make a claim. However, expect that your employer and the claims adjuster will dispute your claim. That’s the time you’ll need the help of top workers compensation lawyers in LA. 

injured day laborers

Benefits that Injured Day Laborers May Get 

According to the California Workers’ Compensation Law, injured day laborers can also get the following benefits:

Medical or Therapeutical Benefits

This benefit covers all medical and hospital benefits considerably crucial to treat or alleviate injury effects. It considers recompense for traveling to and fro the hospital or doctor’s clinic. 

If there’s no Medical Provider Network (MPN) set up yet, your employer will send you to the doctor of his choice for the first month of treatment. However, under specific conditions, you have the right to change doctors. In case there’s already an established MPN, you may need to receive all medical treatment from it. Then again, you can change doctors (if you want to) within the network. If you’re not properly notified of the network, then you may choose a doctor outside it.

Whenever you encounter an injury related to work requiring medical care, you can receive medical benefits. Even if your company loiters in concluding if you’re really injured or not, they’re still responsible for your medical treatment. 

Temporary Disability Benefit

Injured day laborers can receive temporary disability benefits if they need to leave work for 3 days or more. One of the main reasons to become absent is hospitalization. Generally, the rate of payment for injured workers is two-thirds of the average weekly earnings. It depends on the date and time that you sustained injury. 

Permanent Disability Benefit

When your injury or state resulted in permanent enfeeblement, you will receive Permanent Disability benefits. The doctor calculates the amount using a complex formula that minimizes disability. The percentage used increases or decreases based on your age and job. 

If you are totally disabled (as in 100%), you will receive Permanent Disability Benefits for the rest of your life. If your disability rate is over 70%, you’ll also obtain a “life pension.” It is a different amount paid every week all throughout your life after the amounts above are already paid out. 

Vocational Rehabilitation

Injured day laborers have the eligibility to get Vocational Rehabilitation. You’ll receive this benefit in the form of a voucher which you can use for retraining. You can either buy a computer and work from home instead. 

Remember that this voucher is not redeemable in cash. Also, this is only provided to you in case your company didn’t offer you a job within two months. This is after you accomplished maximum medical improvement for all maladies that your injuries caused.

Return-to-Work Fund 

Injured day laborers can take advantage of the Supplemental Job Displacement Benefit. It is a special fund that California established to offer additional assistance to those who can’t get back to work. You can apply online for this kind of benefit that also comes in the form of a voucher amounting to $6,000. 

Death Benefits

The immediate family who depends on the support of the departed will receive death benefits. No matter where the death occurred, the important thing is, it’s related to work. 

Injured Day Laborers Also Need the Help of Top Workers Compensation Lawyers in LA

Like any injured workers and employees, injured day laborers also need the help of top workers compensation lawyers in LA. They need a trustworthy person who can fight for their rights and represent them in court if necessary.

At Oktanyan Der-Grigorian Law Group, we have a team of credible and expert lawyers to help you with your case. A lot of law companies talk about providing help and we live out that commitment. 

Our goal is for you to recover from the damages you sustained caused by another party or parties. Call (818) 975-3080 now. We’re here to listen and help.

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