What Are The Differences Between A Workers’ Compensation Claim And A Personal Injury Claim?
Personal injury claims, or lawsuits, and workers’ compensation cases do differ, mainly in that the injured party is not allowed benefits for pain and suffering in a workers’ compensation case. In a personal injury claim, on the other hand, the injured party is entitled to recover all damages suffered.
If Someone Files A Workers’ Compensation Claim Against Their Employer, Are They Barred From Filing A Personal Injury Claim?
When employees are injured on the job, the most common action is for that party to file a workers’ compensation claim to receive benefits. By providing workers’ compensation for their employees, employers are generally protected from employees filing a personal injury claim for a workplace injury.
How Does Workers’ Compensation Work In California?
In California, workers’ compensation insurance is mandatory for all employers. The system is designed to safeguard employees and employers from the negative effects of on-the-job illnesses and injuries.
If you have been injured while at work, you need to report the injury to the appropriate parties immediately and ensure proper documentation is made. Next, you should seek appropriate medical attention and ensure both your medical providers and your employer are made aware of the injury. Oftentimes, an injured person might not be aware that their injury may be work-related. For that reason, it is important to discuss your situation with an experienced workers’ compensation applicant attorney to seek advice and information.
The next step to take after receiving medical attention and consulting with an attorney is to make sure you get a workers’ compensation claim form from your employer. Fill this form out and return it as soon as possible. Employers are then required, within one working day of the reported injury, to authorize up to $10,000 for proper medical care while the claim is further reviewed. If approved, your employer’s workers’ comp insurance will cover all medical expenses related to the injury, as well as temporary or permanent disability benefits if the injury prevents you from returning to work.
How Long Do I Have To Report A Work-Related Injury In California?
You have to immediately report any work-related injury in California as soon as you become aware of the industrial nature of the injury (meaning when you have knowledge that the injury occurred at work or as a result of your work). You should immediately inform your supervisor and/or the employer’s representative. Also, you may only have up to one year from the date of the accident or injury to file an application with the Workers’ Compensation Appeals Board in California.
Does An Injured Worker Have To Be At The Physical Place Of Employment To Qualify For Workers’ Compensation?
Generally, California workers’ compensation insurance covers injuries that happen within what is referred to as “the course and scope of employment.” These activities have to do with and are derived from the workplace and are performed by the employee for the business to the benefit of the employer. They may not necessarily take place at the workplace; workers’ compensation insurance should cover any injury as long as the injury occurred during the course and scope of the employment.
What Workers’ Compensation Benefits Can I Get?
Under California workers’ compensation laws, a worker who is injured during the course and scope of employment is, for example, entitled to medical care, payment for loss of wages, payment for permanent loss of function, and payment for job retraining, if necessary. It is important to discuss your unique situation with an experienced workers’ compensation applicant attorney to seek advice and information for all possible remedies that might be available to you.
What If The Workers’ Compensation Insurance Company Denies My Claim?
If your workers’ compensation claim is denied, California law does allow for an appeal by requesting a hearing in front of a Workers’ Compensation Appeals Board judge. That judge will then make the decision on whether the claim must be accepted and honored by the insurance company.
Appealing a workers’ compensation denial can be especially complicated. That is why it is almost always necessary for an injured worker to hire an experienced workers’ compensation attorney to handle their case.
Get Information on Workers’ Compensation Claims in California, or call the Rahm Law Group APC, for an initial consultation at (424) 777-3842 and get the legal answers you are seeking.
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