Workers’ compensation is a system created to guarantee that workers who sustain injuries at work receive recompense for their damages. In certain instances, the link between the injury and the workplace is clear, as in the case of an employee hurting themselves on equipment or slipping and falling at work on a damp floor. Sometimes it could be more challenging to tell if an injury is related to job.
A workers’ compensation attorney can ensure that you receive the reimbursement for your injuries and any essential benefits if you have been wounded at work. Read on to learn how PLBH can help and then contact us at (800) 435-7542 for a consultation.
How Does Workers’ Compensation Work?
For accidents involving work-related injuries, California uses a no-fault system. This means that benefits are paid regardless of whether the employer or employee was at blame for the accident. A workers’ compensation case normally does not take negligence or malicious behavior into account. Instead, the emphasis is on ensuring that an injured worker receives fair compensation. In order to ensure that their employees are covered, all companies in California are required to acquire insurance under the state’s workers’ compensation system.
Medical care, short-term disability benefits, and long-term disability benefits are the three main categories of workers’ compensation benefits in California. You might also be qualified for vocational rehabilitation, a return to work fund, and additional benefits for injuries that might develop as a result of your work-related accident, depending on when you were hurt and how serious your disability was. Your dependents may be eligible for death benefits if you pass away due to a work-related accident.
What Is an Injury at Work?
The requirement for receiving benefits under the California workers’ compensation system is that your injury must be connected to or related to your job. But what does “related to employment” mean?
A condition is deemed work-related in California if “an exposure or occurrence in the workplace either caused or contributed to the resultant condition or significantly aggravated a pre-existing injury or sickness.” A specific injury, such as a broken arm, a sickness, or another incapacitating condition could all be considered work-related.
The majority of instances involving workers’ compensation are very straightforward, such as a broken bone sustained in a fall or a wrist injury brought on by repeated motion or other workplace injuries. But some illnesses, including those that affect the mind, could be less visible.
It might be challenging to demonstrate that (1) the condition exists and (2) it was brought on by the employee’s workplace and not other variables, notwithstanding the worker’s assertion that specific job conditions—such as a high degree of stress or exposure to trauma—caused a mental health issue. Your case might be examined by a knowledgeable workers’ compensation attorney to assess whether the illness or injury is likely to be regarded as being related to the job.
Injuries Do Not Necessarily Have to Occur at Work to Be Considered Work Injuries
Another issue that can come up is whether an injury that occurs off the actual job site is still covered by workers’ compensation. Your absence from the workplace while performing your duties, such as serving as a delivery driver or attending a work-related conference, will probably be covered by workers’ compensation.
If the accident occurs when you are away from your place of employment for only private reasons, such as getting lunch at a nearby restaurant, it is likely not a work-related injury for workers’ compensation purposes.
It is typically a good idea to have an experienced workers’ compensation lawyer defend you in matters involving workers’ compensation. Although you are not required to have legal representation, if there is a dispute regarding your claim, both your employer and the insurance company will be represented by a claims adjuster and/or an attorney. Contact PLBH at (800) 435-7542 for a free legal consultation.