California Worker’s Compensation and the Employer’s Responsibility in Work-related Injuries

Published: 05th January 2010
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Under California law, most private employers are required to provide their employees with worker's compensation after suffering from work-related injuries and illnesses. The claim will cover the worker's medical expenses, loss of wages, and disability.

Examples of Accidents and Diseases Covered by Worker's Compensation

• Due to chemical exposure, a factory worker has been diagnosed with a lung disease.

• A delivery man fell from his motorbike and broke his leg.

• A product controller has lost his hearing because of the constant loud noise.

• Because of being overworked, a supervisor has been experiencing severe stress and fatigue. (Note: Not all psychological injuries are covered by worker's compensation.)

Benefits for Injured Workers

• Medicaid

This medical claim will be paid by employers to help workers pay their hospital expenses and future medical needs.

• Temporary disability benefits

For workers who sustained temporary disability, this payment will cover the loss of wages while they are recovering from their injuries.

• Permanent disability benefits

In some cases, the injured workers will become permanently disabled which will result to a diminished or complete loss of earning capacity.

• Supplemental job displacement benefit

For workers who will not recover completely from their injuries, they will receive training or skill enhancement program.

This program will also be given to employees if they decide not to return to their previous jobs or their employers do not have any other work for them suitable for their present condition.

• Death benefits

If the work-related injuries will result to death, the worker's family will receive appropriate compensation.

Aside from worker's compensation, employees who are injured in work-related accidents can also receive other benefits. These are:

• Social Security disability benefits

Workers who are Social Security contributors can file for disability benefits if they have been injured or disabled, regardless if this is work-related or not.

Meanwhile, employees who are receiving worker's compensation claims will have their Social Security benefits reduced.

In some cases, certain family members of Social Security beneficiaries will receive separate payments.

• Employer-provided health benefits

Some employers provide their workers with sick leave, private health insurance, group health plan, salary continuation plan, and long term disability insurance (LTD).

• Personal injury lawsuit

If the injury is not work-related but is caused by a negligent person other than the employer, a worker can file personal injury lawsuit to recover loss of wages, medical expenses, and disability that results to the complete loss or reduced earning capacity.

• State Disability Insurance (SDI)

SDI is a state-provided assistance given to injured employees whose worker's compensation has been delayed or denied.

• Unemployment insurance

In rare cases, this payment, which is usually given to laid-off or unemployed workers, is provided if their worker's compensation has been delayed or denied.

To help you pursue employee's compensation claims, consult with our skilled employment lawyers. Log on to our website and dial our toll free number.

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