Understanding California Workers Compensation Law Information
Workers’ compensation law is simply a system of rules, present in every state, that are designed to pay the expenses of employees who have become injured or disabled while performing job-related duties. The compensation derived as a result of these laws ensures employees receive lost wages, and get help with medical expenses and costs associated with retraining or rehabilitation.
If the employee is permanently disabled due to an on-the-job accident, the compensation can also include lost future wages and more long-term financial assistance. Each state’s workers’ compensation laws are slightly different. The workers' compensation laws in each state are administered by the state and are financed by mandatory employer contributions.
The Benefit of Workers’ Compensation Verses Other Litigation Options:
Although workers’ compensation laws do benefit those who are injured on the job, they also protect employers. Due to the presence of workers’ compensation, the possibility of litigation and large amounts of money being required from an employer due to an accident is eliminated.
This is because each employer will only be required to contribute into the worker's comp system and will not be forced to come up with a huge amount of money to pay an employee’s injury claim. However, their workers’ compensation rates will likely go up if they have an employee file against them. Therefore, in many ways, on the employers' side, workers’ compensation is much like an insurance program, designed to protect them from financial ruin in the case of an accident.
California Workers’ compensation law prevents employees from suing their employer for negligence and it sometimes reduces the amount of compensation an employee can garner. However, there are situations and exceptions to the law.
Situations where exceptions are made include those where an employer or coworker intentionally caused harm to an employee, the injury is a result of a defective product or an employee is exposed to a toxic substance. Employees are also free to file suit against third parties.
California Workers’ Compensation Claims Specifications:
How long can an employee wait to file a workers’ compensation claim?
In general, an employee should give their employer notice of an injury within 30 days of an accident. However, if the injury happened gradually, employees should let their employee know about the injury within 30 days of it causing temporary disability.
What happens if an employee waits too long to report an injury?
In the event that an employee fails to report an injury within the 30 day time period, they may lose their compensation. However, if the employee can prove that the employer knew about the accident or injury, they could be entitled to compensation even after the 30 day time frame.
What happens if an employer does not have workers’ comp insurance?
California allows some large companies to set aside funds for workers’ compensation claims instead of going through the state. Generally, if an employer does not have workers’ compensation insurance, employees are then free to sue their employer in civil court to gain compensation for medical expenses, lost wages and pain and suffering. They are also given the right to file a workers’ comp claim against the employer and collect from the California’s Uninsured Employers Benefits Trust Fund.
When an employee becomes injured on the job, their best bet is to hire a lawyer who is experienced in handling workers’ compensation cases, because they will be able to advise the employee, ensuring they receive the help they deserve.
