Injuried image

What is Workers’ Compensation?

Worker’s Compensation is an insurance to injured workers that replace their income, with monetary and medical benefits. The benefits of Workers’ Compensation are for the workers who are injured or damaged their health as a consequence of their job. Then, the employees can sue the employer for negligence. They have every right to do so.

The workers’ compensation system was originally established to serve as a kind of compromise between employers and employees. Before it was instituted, an employee’s only option for getting financial compensation in the wake of a workplace injury was to file a personal injury suit against their employer. The modern workers’ comp system guarantees cash benefits for workers to help address their medical bills and the cost of lost income in the event of a workplace accident, but at a price: employees covered by workers’ comp insurance usually cannot initiate legal action against their employers directly.

When an injured worker files a Workers’ Compensation claim, the Employer has to pay for victim’s insurance as compensation for his damaged health. And if an Employer doesn’t pay for his victim, will be charged with criminal offense.

Employer’s compensation includes weekly cash benefits, medical care, apart from insurance, as ordered by Workers’ Compensation Board, which is a state agency for processing claims. Workers’ Compensation is not biased to either the employer or the employee. The claim isn’t increased because of Employer’s negligence and it will not decrease because of Employee’s mistake.

The Workers’ Compensation is not applicable when the Employer is under the influence of drugs or alcohol, and also when he’s with an intention to hurt others or himself. To avail the claim, it is to be proved that the employer is injured at work i.e. it is a work-related injury or illness. In case of any disputes, the Workers’ Compensation judge has to decide who’s right and who’s not. Until then the claim is not paid. The good news, sometimes the injured worker can file a workers’ comp claim regardless of what caused an accident; unlike in personal injury cases, most of the time employees can file claims even if they themselves were responsible for causing their injuries.

Recent blog updates

27 Jul 18

How your Workers’ Compensation Case proceeds

It's difficult to cope up with a Workplace injury, especially when you face injustice and have to fight for your rights. Some of you might be aware of Worker's Compensation benefits and know that you're eligible for

Read More >

08 Jun 18

Injured at Work? What to do?

Work Injury is when you fall ill or face an injury during the work or if your job is responsible for your damaged health. When you face a work injury, the steps you need to follow are: 1)Medical Treatment: Get the med

Read More >

Serving California

The Law Offices of Dr. Peter M. Schaeffer serves the State of California and the Riverside and San Bernadino counties, which includes the surrounding communities of Riverside, Corona, Moreno Valley, Hemet, Temecula, and Palm Springs. Our office locations are conveniently located in the cities of Riverside (main office), Temecula, and Palm Springs

map