When Are Workers’ Compensation Benefits Paid?

Employees who experience a job-related injury are entitled to have their employer pay their medical expenses. Employees who follow required procedures, including advising the treating physician that the injury occurred while working, should not be billed for most medical treatment. Instead, those bills should be sent to the employer or to the employer’s workers’ compensation … Read More

What Kind of Benefits Are Provided by Workers’ Compensation?

The California workers’ compensation system offers three primary benefits to injured employees: payment of medical expenses, income replacement through temporary disability benefits and compensation for lasting injuries through permanent disability benefits. Additional benefits are available for death and, in some cases, for permanent disabilities that prevent an employee from returning to work. In addition, California … Read More

Why Is It Unnecessary to Prove Fault in Workers’ Compensation Cases?

The workers’ compensation system was devised as a trade-off that protects the interests of both employees and employers. Employees gain the advantage of receiving benefits for job-related injuries without proving that the employer is at fault. In exchange, employers are not required to pay damages for pain and suffering, and benefits paid are often less … Read More

Does Compensation Depend on Whether the Employer Is at Fault?

In most personal injury lawsuits, the injured worker can only recover compensation by proving that the accident was at least partially the fault of another person. That usually means proving that another person’s negligence (or carelessness) was responsible for the injury. That rule does not apply to workers’ compensation claims. Workers’ compensation is a no … Read More

Can I Sue for a Job-Related Injury?

Workers’ compensation is usually the exclusive remedy for a job-related injury. That means an employee cannot usually bring a personal injury lawsuit against an employer for an injury that is covered by workers’ compensation. It may be possible, however, to sue third parties if they caused the injury and were not employed by the injury … Read More

Are All Job-Related Injuries Covered by Workers’ Compensation?

If a job-related injury occurred as the result of a specific event (such as falling), it is almost always covered by workers’ compensation. If the injury or medical condition developed over time, such as a repetitive stress injury, hearing loss, or a health condition caused by daily exposure to toxic chemicals, it is usually covered. … Read More

When Is an Injury Covered by Workers’ Compensation?

Job-related injuries are covered by workers’ compensation. An injury is almost always job-related if it occurs at work during work hours. Exceptions do apply to that rule, such as an injury that occurs while traveling for work or hosting a special event at an off-site location. However, majority of injuries occur on the job-site itself. … Read More

Who Is Eligible for Workers’ Compensation?

Almost all California employees are eligible for workers’ compensation benefits. Employers cannot pick and choose which employees to cover. Nor can employees be asked to give up their right to receive workers’ compensation benefits. As a general rule, independent contractors are not covered by workers’ compensation. However, some employers misclassify their employees as independent contractors. … Read More

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