FAQs for Workers' Compensation
How Does Workers’ Compensation Laws Work in California?
When you get injured while working in California, state law requires that your employer provide you with certain benefits. These benefits include payment of all work related medical bills, temporary or permanent disability payments and a supplemental job voucher for retraining. In the event that a loved one is killed on-the-job, grieving families may also be entitled to death benefits. The amount of the death payment is determined by State law.
Unlike other social benefit programs, such as social security or disability, the state of California does not pay workers' compensation benefits except in the case of uninsured employers. If an employer does not have workers’ compensation insurance, the Uninsured Employers’ Fund (UEF) will pay workers’ compensation benefits. However, workers’ compensation benefits are typically paid by:
- An employer who is authorized by the Department of Industrial Relations to self-insure its own employees
- A private insurance company (Currently, there are about 300 private workers' compensation insurers in California)
- The California State Compensation Insurance Fund, when employers subscribe to it instead of either of the above options
When Do I File a Claim?
Immediately following a work-related injury, you should inform your employer. You also ask for a claim form and seek medical care. If you wait to report injuries to your employer, you will delay workers' compensation payments. Additionally, if you wait 30 days to report the injury, it may legally prevent you from obtaining workers’ compensation benefits.
Can I Choose My Own Doctor?
After a given period of time, you may choose your own doctor from a Medical Provider Network (MPN). The MPN is a list of doctors which are approved by the employer. However, you are allowed to change doctors up to three times if you are not satisfied with the medical care that you are receiving from your treating physician.
When Will I Start Receiving Benefits?
If you are injured on the job and taken to the hospital, you will receive Workers' compensation benefits immediately. However, workers’ compensation benefits are typically paid out three days after an injury is reported.
Should I Hire a Lawyer?
Yes. You should hire a lawyer immediately after an industrial injury. Failure to hire a lawyer promptly commonly results in injured workers losing valuable workers’ compensation benefits. The reason being is the fact that workers' compensation laws are extremely complicated and are constantly being updated by new legislation.
The knowledgeable and qualified attorneys at Lombardi & Perry, LLP welcome any injured employee in the state of California to attend a free initial consultation to learn more about their legal rights and to receive professional advice on how to resolve their claim. For more than two decades, we have been helping injured employees seek and recover the compensation they deserve so they can focus on recovering and moving on with their lives .
If I file a workers’ compensation claim, can the employer terminate my employment?
It is against the law for an employer to discriminate against you for filing a workers’ compensation claim. If the employer were to fire you for the sole reason that you were injured on the job or the fact that you filed a workers’ compensation claim, the employer would be subject to numerous legal sanctions such as a claim pursuant to 132(a) of the Labor Code, civil claim for wrongful termination, claim for violation of the Fair Employment Housing Act (FEHA) and various other Federal and State laws.
If I am unable to travel, do I have to go to your office in order to retain your law firm?
No. In certain cases, we will meet you at the hospital, convalescent home or at your home for an initial consultation. This service is only available from our law firm if you are unable to travel. If you are able to travel or have alternative transportation, you will have to make an appointment at our offices in order to retain our services.
