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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.

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 medical treatment immediately after your injury. Except for emergencies, usually, the treatment centers are suggested by an authorized Workers’ Compensation Board. If you need diagnosis medicines or tests, then your employer has to give the Workers’ Compensation. If the employer doesn’t cooperate with the employee’s Compensation, then it’s a criminal offense. He has to pay for your medical bills, diagnostic tests, prescriptions and treatments.
  • 2)Inform your Employer: As soon as you’re injured at work, you have to bring the issue to your Employer’s notice. You need to explain How and When it occurred, clearly. If an injured Worker doesn’t inform his employer within the first 30 days after the injury date, he cannot defend himself and fight for his rights as an Employer who doesn’t inform, in writing, within the specified period will lose right for his Compensation benefits.
  • 3)Claim to a Workers’ Comp Board: You have to complete a claim to your nearest Workers’ Comp Board within two years from the date of the accident. If the injured worker fails to complete the claim, within the specified time limit, he might lose the right to his Workers’ Compensation benefits.
  • 4)Take Care: After filing, you need to follow the doctor suggestions to recover yourself from the injury. You’ve to be regular for your medical tests that are required and Take Care for a speedy recovery. You’ve to see that you can get back to your work as soon as possible.
  • 5)Attend Hearings: As the Workers’ Compensation is under action, you might be needed to attend few hearings, which is common in case of any disputes. You will be informed the dates of hearing prior.

Thus, Workers’ Compensation will eventually benefit you, medically and financially.

The Workers’ Compensation Appeals Board

Workers’ Compensation Appeals Board aka WCAB handles all industrial injuries which cannot be resolved through negotiation, that involve your employer. WCAB is the trial court that oversees administrative law proceedings that are linked to workers compensation claims. There is no jury, unlike in other courts. Your workers’ comp judge will make all the decisions once your case goes to trial. Sometimes there workplace injuries that involve third-party lawsuits, such as when equipment manufacturers or other entities are implicated in an accident. In such situations, you have recourse to civil courts which are outside of and in addition to any claims you are filing through the workers’ compensation insurance system.

When new cases are addressed, your Workers’ Comp lawyer will start a formal claim with your Administrator or Employer’s insurance carrier. Until your attorney asks for a hearing to resolve issues which cannot be solved by the insurance carrier, WCAB cannot take a step further on your claim.

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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

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