It is widely known that, although employers in Santa Clarita and across California are legally required to provide a workers’ compensation benefit scheme, it can be difficult for injured workers to recover what they are entitled to. If you cannot work due to a workplace injury or illness that has left you unable to earn the income you and your household have come to rely on, you deserve to be adequately and fairly compensated. At Koszdin, Fields & Sherry, our attorneys focus solely on worker compensation claims, a fact which has enabled us to build an outstanding level of relevant knowledge, experience, and success.
Since 1955, our lawyers have assisted thousands of people from across Southern California, and we are here when you need the skills of an expert Santa Clarita workers’ compensation attorney.
Ask Your Attorney: What is Workers’ Compensation?
It is key to understand workers’ compensation laws in your state, not only as an employer but also as an employee. Workers’ compensation insurance helps protect businesses and employees from accidents like slipping and falling on ice, injuries from moving heavy objects, car accidents and so much more. To get a better grasp on the concept of workers’ compensation our Santa Clarita attorneys offer their expertise on the matter.
Under California law, workers’ compensation benefits are intended to cover the expenses of all medical treatment required for you to achieve the maximum medical improvement from your workplace injury. This is defined as the point from which you are not likely to improve any further, even with extensive rehabilitation and other treatment. You will also be entitled to compensation in lieu of your lost earnings while you recover, generally capped at two-thirds of your average weekly wage. In the event that you have been left permanently disabled by a workplace injury, your employer’s workers’ compensation scheme could cover a permanent disability payment, based on the percentage of disability as quoted by your doctor.
The overall purpose of workers’ compensation is to protect employers and employees from unnecessary financial loss when someone is injured at work or from a work-related cause. Other terminology that means the same as workers’ compensation that can be used interchangeably are workman’s comp, workman’s compensation, and workers’ comp. The idea behind workers’ comp is to ensure workers are covered from costly expenses due to work-related injuries. At the same time, it also protects employers from damages that could harm a business.
What Benefits Could I Be Eligible to Claim?
When you have sustained a serious injury in the workplace, or while carrying out a work-related task or travel, your employer’s workers’ compensation scheme could entitle you to several benefits. Your Santa Clarita attorney will ascertain exactly what you are eligible to claim following your initial consultation but, in general terms, you could receive:
- Medical benefits, including access to top specialists and the treatment you need
- Disability benefits while you are unable to work
- Permanent disability, or a settlement, when your injuries are unlikely to heal
- Social Security disability, where applicable
Should you fall victim to a fatal workplace injury, your surviving family members could be entitled to benefits as follows:
- Up to $10,000 funeral or burial expenses
- Up to $250,000 for a single dependant
- Up to $290,000 for two dependants
- Up to $320,000 for three dependants
Although there is no legal requirement for you to hire an attorney, it is strongly recommended that you do so. Despite your employer is obliged to offer benefits following a workplace injury, it is highly likely that you will receive less than you are entitled to. Similarly, if you have already had a worker’s compensation claim rejected by your employer or their insurers, hiring a Santa Clarita attorney could secure you the benefits you are entitled to.
Workers’ compensation insurance covers medical expenses, lost wages, ongoing care costs, and funeral expenses should any employee become hurt, sick, or pass away due to a work-related accident or illness.
What is Not Covered by Workers’ Compensation?
Sure, workers’ compensation helps protect businesses and employees in the event of a covered loss, but some occurrences happen at work that is not covered by workers’ comp. It all varies from state to state and is usually determined by differing state laws. Some examples of what workers’ compensation policies do not cover can be:
- Injuries from a fight that an employee started
- Injuries an employee sustains as a result of intoxication in the workplace
- Injuries an employee receives intentionally
- Emotional wounds that are not accompanied by physical workplace trauma
Who Pays for Workers’ Compensation Benefits?
Many employers do not pay for benefits, so instead, they purchase workers’ compensation insurance to cover the benefits. Most states require that companies carry workers’ compensation insurance; otherwise, coverage is elective. Injured employees are not liable to pay for workers’ compensation benefits. The costs can vary significantly due to certain factors like:
- State laws
- Business size
- Type of work
- On the job risks
What Should an Employee Do if Hurt on the Job?
This goes for any employee injured in the workplace; they need to immediately report the incident to a supervisor. The injury report must include the date, time, and circumstances of the injury. Every state has its own set of laws about when an injury should be reported; nevertheless, it is always best to report it as quickly as possible.
In the case of job-related illnesses, they can worsen over time. For that reason, they need to be reported as soon as the employee has received a diagnosis or once they learn the injury or illness is related to their job.
Schedule Your Free Initial Consultation with a Santa Clarita Workplace Injury Attorney Today
To ensure that you, and your family, receive the best possible outcome from your case, call us today at 800-747-3447 today for a free initial consultation.
You can rest assured that we aggressively fight for every injured employee’s rights and benefits. Our Santa Clarita attorneys are here to negotiate the best settlement and one that you truly deserve. Don’t hesitate to contact us for quality service.
