Many workers are injured during the course of their job duties every year in California. According to the Bureau of Labor Statistics, “Private industry employers reported 363,900 nonfatal workplace injuries and illnesses in California in 2023, the U.S. Bureau of Labor Statistics reported today. Regional Commissioner Chris Rosenlund noted that this resulted in a total recordable cases (TRC) incidence rate of 3.0 cases per 100 full-time equivalent workers; the national rate was 2.4.” When a worker is injured during their job duties, they will typically be able to seek benefits through the workers’ compensation system.
Understanding the Basics of Workers’ Compensation in California
Worker’s compensation is a no-fault insurance scheme within the state. Its purpose is to help injured workers who have sustained an injury while performing their job duties. Virtually all workers are covered through workers’ compensation.
- Employees: The vast majority of employees are covered through the scheme. This includes full-time workers, part-time workers, and seasonal workers.
- Sole Proprietors: Sole proprietors are typically not required to carry workers’ compensation for themselves. But they do have to cover any additional workers that they may hire.
- Independent Contractors: As a general rule, independent contractors are typically not covered by worker’s compensation. But there is an important caveat worth considering. Not every worker labeled as an independent contractor may actually be one under the law.
Because the system is not based on fault, there is no need for an injured worker to demonstrate that one or more parties was negligent in order to receive benefits. An injured worker can still receive benefits even when an accident was due to their negligence.
Common Work-Related Injuries and Illnesses
There are many different types of injuries that a worker may sustain during the course of their work. Workers’ compensation will cover most of these without issue.
- Physical Injuries: This includes injuries that may be the result of slips, falls, or repetitive stress.
- Occupational Illnesses: This can include illnesses that are the result of exposure to chemicals. Psychological trauma is also covered as well. For example, police officers may develop post-traumatic stress disorder as a result of their work.
It is critical that injured workers report to their doctors as early as possible that they were injured on the job. Long delays in reporting a workplace injury can result in unnecessary complications.
Benefits Available Through the Workers’ Compensation System
Injured workers will typically have access to a variety of different benefits through the workers’ compensation system. These are listed below.
- Medical Treatment: All medical treatments related to your recovery will typically be covered. However, injured workers are often limited in terms of the specific doctors they are allowed to see.
- Temporary Disability Benefits: Workers are allowed to receive a certain amount of wages when an injury prevents them from returning temporarily.
- Permanent Disability Benefits: In certain cases, an injury may be so severe that it prevents a worker from returning to their previous line of work.
- Supplemental Job Displacement Benefits (SJDB): These are vouchers of up to $6,000 that can help qualifying injured workers pay for education or training in the event they’re not able to return to their previous position.
- Death Benefits: When a worker is killed on the job, their surviving family members are able to receive death benefits.
It is relatively common for workers to face at least some challenges as they seek benefits through the workers’ compensation system. This is why it is so important for affected workers to seek the guidance of an experienced workers’ compensation attorney.
Getting Help With a Workers’ Compensation Claim
It can be hard to know what to do if you’ve been injured during your job duties. A serious injury can leave victims with high medical bills and prevent them from returning to work for significant periods. Accident victims should act quickly in order to protect their legal rights and finances.
Have you or someone that you care about been injured at work? You may be entitled to numerous benefits to help in your recovery. Our team of employment lawyers at The Labor Champ are here to help you. We are committed to helping injured workers get the support and justice that they are entitled to under the law. Whether you just have legal questions or are running into some issues with your workers’ compensation claim, we are here to assist you. You can reach out to us anytime at 949-727-9300.
