How Do I Know if I Have a Workers’ Comp Claim in California?

Every year millions of people suffer injury or illness on the job. In 2019 it was estimated that 2.8 million non-fatal workplace injuries and illnesses occurred. 

If you’ve sustained an injury or illness that is closely related to your job function it may be time to review if you are qualified to file a workers’ compensation claim. 

What is Workers’ Compensation

What is workers’ comp (compensation)?  Workers’ compensation is defined as a type of business insurance that provides coverage to employees when they are injured or ill. 

Accidents happen and sometimes they are beyond our control. Slips and falls, cuts, burns or more severe injuries happen everyday. 

If you’ve been injured on the job, workers’ compensation claims can be filed so that medical expenses and lost wages are covered while you rehabilitate and heal. 

California Workers’ Compensation Requirements

In the state of California every business that has one or more employees is required to have workers’ compensation insurance. This is stated under the California Labor Code Section 3700.

This compensation insurance is offered to all employees who are eligible under California labor Code section 3351. Below is a list that qualifies employees for workers’ compensation. 

Workers’ compensation is not an added insurance that employees pay for. This cost incurred by the employer as part of the cost of doing business. 

Examples of Qualifying Claims

As an employee it is important to know if you qualify for these benefits in the event that a workplace injury happens to you. If you have been injured at work, it is important to know your benefits and what can be covered. 

The following scenarios are examples of different types of qualifying workers’ compensation claims:

Medical Treatment Only

Burns, Minor Cuts & Scrapes

Minor injuries such as these will still require medical attention, but it is usually treated at work and the employee stays at work and begins their job after treatment and recovery. 

Medical Treatment with Lost Time

Breaks, Cumulative Injuries (carpal tunnel, back injury) illness, psychological trauma

Like the title, this is an injury that causes an employee to lose time at work.  This can include surgery to correct the injury, such as carpal tunnel, a broken limb, illness after repeated exposure or stress-related trauma that requires rehabilitation and therapy. 

After the employee has recovered, they can return to work and their position. 

In this situation an employee who is off work on workers’ comp will receive ⅔ of their regular salary. 

Medical Treatment and Injuries that Prevent the Employee from Return to their Pre-injury Job

Similar to the above scenario, however this type of claim prevents a worker from returning to their job after their injury.

In this case they will still receive ⅔ of their salary, but for a continued time of up to possibly 400 weeks (almost 8 years) depending on types of injury. This injury will most likely cause this person to have trouble finding a job due to their limited abilities caused by the injury. 

Medical Treatment & Injuries that Prevent the Employee from Returning to Any Type of Work 

Loss of limb, blindness, paralysis

These are Injuries severe or catastrophic enough that causes an employee to deal with this injury their entire life and keep them from working in any capacity. 

In this case the employee will receive benefits possibly for the rest of their life. 

Talk to an Attorney

If you relate to any of the information stated above it is crucial to speak to an attorney who is fluent in all aspects of workers’ compensation. As experienced law professionals we are here to help you. At Visionary Law Group we serve those in Southern California and we focus on the claim and you focus on healing and rehabilitation.  We are here to help you file and get through your workers’ compensation claim in California. If you’ve been injured on the job and need to file a workers’ comp claim, call us for a free consultation today, we are ready to help you on your road to recovery and receive the benefits that you deserve.