Six Important Things to Know About Workers’ Compensation in California

If you’ve been injured on the job in the state of California, your exclusive remedy will most likely be Workers’ Compensation benefits. An “exclusive remedy” means that you can’t sue your employer but must go through the workers’ compensation system provided for under state law. The purpose of the California Workers’ Compensation Act is to provide prompt benefits to an injured employee. The limited exceptions to this regulatory scheme are where an employer does not have unemployment insurance or where some fraudulent behavior is involved on the part of the employer. Read on to learn more about some important aspects of this law. 

1. What Are California’s Workers’ Compensation Benefits?

California’s Workers’ Compensation benefits are relatively generous. They include:

• Medical care – You are entitled to medical care paid for by your employer to help you recover from an injury or illness that was caused by a work-related illness or injury. This coverage includes doctor visits, treatment services, medications, tests, equipment, and travel costs. 
• Temporary disability benefits – Temporary disability benefits are available to you if your injury causes you to lose wages because you’re unable to perform your work as you recover. 
• Permanent disability benefits – If you experience a permanent physical or mental loss due to your illness or injury,  you could receive permanent disability benefits. The amount of benefits that you are eligible for depends on the extent of your disability and its impact on your ability to function. 
• Supplemental job displacement benefit – This benefit provides a voucher to help cover the costs of retraining or skill enhancement. If you are eligible for permanent disability benefits, your employer doesn’t offer you work, and you do not return to work for your employer. 
• Death benefits – When a worker dies as a result of injuries or illness on the job, their spouse, children, and other dependents may be eligible for death benefits. These benefits cover related medical expenses and provide some economic compensation for the financial loss resulting from the loss of their loved one. 

The monetary value and length of each benefit are determined by the claims administrator based on the employer’s industry, the employee’s wages and number of dependents, the nature of the injury or illness, and other relevant factors. Employees in certain professions, such as law enforcement, and members of unions or labor organizations may be entitled to additional workers’ compensation benefits.

2. How Long Can I Be on Workers’ Comp?

For most people, California workers’ comp benefits last up to two years – 104 weeks – from the date of your injury. With severe injuries, like serious burns or chronic lung disease, benefits may last longer – 240 weeks, which is about four and one-half years. The duration of your benefits depends on how long your doctor estimates you’ll need to recover. If you’ll never fully recover or if your temporary benefits run out, you’ll either get a settlement or transition to permanent disability benefits.

3. What Should I Do After a Work Injury?

If you’ve suffered an injury at work, these are the steps that you should take:

• Let your employer know as soon as possible the details of the injury
• Seek medical care right away for injuries that appear serious
• File a workers’ compensation claim  
• Document the event, identifying the facts such as time and place, and get witness statements, if possible
• Consult a Santa Ana workers’ compensation lawyer

4. Does Workers’ Comp Cover Work-Related Illnesses?

California’s Workers’ Compensation law covers occupational illnesses. An occupational illness is a chronic ailment caused by exposure – typically over a prolonged period – to workplace hazards or work activities. In many cases, it’s difficult to identify and regulate these because they develop over time, and the connection between cause and effect is not obvious. Among the major occupational illnesses are:

• Noise-Induced Hearing Loss – This can result from exposure to sources such as electric hand tools and other loud machinery. In many cases, this can be abated by wearing appropriate personal protective equipment.
• Dermatitis – This can be caused by exposure to allergens and chemicals in the workplace.
• Respiratory Diseases – Prolonged exposure to certain elements, such as silica and asbestos, can cause respiratory diseases.
• Musculoskeletal disorders – These include many common repetitive injuries such as carpal tunnel syndrome and medial or lateral epicondylitis.

5. Can My Employer Retaliate if I File a Workers’ Compensation Claim?

Most definitely not. Labor Code Section 132a prohibits employers in California from firing you or discriminating against you as retaliation for filing a workers’ compensation claim.

6. What Should I Expect at My Workers’ Compensation Hearing?

During a California workers’ compensation hearing, several key events take place. 

At the start of the hearing, the judge will review any preliminary matters and outline the procedures to be followed. The parties will then have the opportunity to make opening statements. The judge plays a critical role by questioning witnesses, ruling on the evidence, and ultimately making a decision on your case. 

As the applicant, you will present your evidence, including medical reports and testimony from witnesses. Your attorney will also have the opportunity to cross-examine witnesses presented by the claims administrator. 

The claims administrator will have the opportunity to present evidence and witnesses in support of their position. They will also have the opportunity to cross-examine witnesses presented by the applicant.

The hearing is an opportunity for the parties to present evidence and make their case. It’s important to be prepared and to have a clear understanding of the facts and evidence related to your claim.

Contact a Workers’ Comp Attorney at the Law Offices of Benjamin Arsenian

If you’ve suffered a workplace illness or injury, there are many administrative, medical, and legal details that must be reviewed, analyzed, and presented in the form of a claim and a hearing before you are able to receive your benefits. At the Law Offices of Benjamin Arsenian, we have the experience necessary to guide you through the process, ensuring you receive the benefits you deserve promptly. Contact us today for a free consultation.