Workers’ Compensation system was designed to offer injured employee’s benefits during their employment scope. Some employers used to misclassify their workers, to avoid the responsibility of insurance cost. Workers’ compensation in California has a no-fault system. It means an injured worker is eligible for a claim even if their employer is not neglectful. In California, two kinds of workers compensation claims are made -
- Specific trauma claims - The examples are injuries to back because of heavy lifting, involved in a car accident, injury because of a fall from roof or ladder, burns in a fire incident, or injury from a falling object.
- Cumulative trauma claims - It is a kind of repetitive motion injury, usually orthopedic. Some examples are neck pain, cubital tunnel syndrome, lower back pain, tendinitis, and carpal tunnel syndrome. Cumulative trauma claims include heart-related issues, high blood pressure, acid reflux, headaches, and lower gastrointestinal. It even involves emotional and psychological disorders as well as hearing loss, toxic exposure, urological disorders, sleep problems, and sexual dysfunction.
What are the potential claim benefits of an injured worker?
Four primary benefits are included in the workers’ compensation in California.
- Temporary total disability comp [TD] - Injured employees are eligible to get 2 years of TD compensation. The amount received will depend on your income and the employer.
- Permanent disability comp [PD] - If the worker suffers permanent injury affects the benefits to be received will be assessed by a medical evaluator. Your impairment level will be based on your age, occupation, and severity of the injury.
- Work-related medical treatment - The insurance provider will pay for the medical treatment of the injured employee covered under the worker’s compensation policy.
- Job vouchers for the injured worker as comp - Employees with a permanent partial disability are qualified for a job voucher if their employer does not offer them alternative tasks in their company. The voucher is $6,000 and the money can be used only for certification, training, tests, tools, equipment or job-related expenses. You cannot spend the voucher dollars on any other things.
In case, the employee dies due to work-related injuries, then their dependents are entitled to the benefits that the injured worker would get when he/she was alive. Death benefits differ from one case to another. If you are filing a death claim with WCAB, then take help from an experienced lawyer. However, when an employer purchases workers' compensation insurance policy from carriers like
Onecall the claim process becomes easy for the parties involved.
If there is a third party involved in a work-related injury then you can get a chance to file 3rd party accident claim. Besides workers’ comp, a personal injury claim can make a difference in what you receive through temporary or permanent disability benefits. An attorney can help you attain that!
Denial of worker’s compensation claim
Many workers’ comp claims get denied. It means the employer denies the responsibility for a work-related injury. Even the time limits to file worker’s compensation claims differ and are very complex. It is always wise to take help from a reliable workers’ comp attorney. They will review your specific situation and give advice and guidelines.
Kim Smith enjoys exploring the entertainment world with her thoughts and opinions on selfgrowth
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