Who Do You Represent In Workers Compensation Cases?
Our firm exclusively represents injured workers who are called ‘applicants’ in WC cases. Our firm has decades of collective experience practicing workers’ compensation law.
What Exactly Is Worker’s Compensation (WC)?
WC is a legal system (or a system of laws) designed to protect and provide compensation and benefits to workers who get hurt on the job or suffer continuous trauma from their job activities.
What Injuries Are Covered Under Workers’ Compensation?
Any injury to any body part, system or organ or any type of illness or disease, short-term or long-term, are covered under workers compensation so long as the injury or illness was caused or aggravated by the job.
Injuries and/or illnesses include but are not limited to orthopedic injuries (e.g., neck, back, arms, legs), internal injuries (high blood pressure, diabetes, digestive, GI), cardiovascular injuries (heart), neurological injuries (head, nerves, spine), urological or mental/emotional injuries are all covered in the workers’ compensation system.
Generally speaking, so long as the injured worker is an employee and his/her injuries and/or illnesses are work related, they are covered by workers’ compensation
What Industries And Sectors Are Covered By Special Worker’s Compensation Laws?
Federal employees would be covered by special Federal workers’ compensation laws.
Also, there are certain employers and unions that create their own WC dispute resolution processes under a collective bargaining agreement which are called “carve-out” programs. These types of cases are governed by their own WC dispute resolution process.
Are All Employers Required To Carry Worker’s Compensation Insurance?
Yes; WC insurance is mandatory for all employers (except when the employer is the State of California) and failure to obtain WC insurance can result in serious consequences including penalties and fines;
One other option for an Employer is to apply for “self-insured” status which is generally reserved by large companies and government entities because it carries very specific and stringent financial requirements that must be approved by the director of Industrial Relations.
They can apply for “Self-insured” status (which only large companies and government entities do):
- Must submit an application for a certificate of consent to self-insure, meet specific and stringent financial requirements and be approved by the director of Industrial Relations.
- E.g., current net worth of at least $5million; avg. net income of at least $500k
Who Are All Liable Parties In A Worker’s Compensation Case?
Generally, liability to pay work comp benefits would fall on the employer and their WC insurance carrier who administers and pays for those benefits. However, there may at times also be a third party (outside of the injured worker and the employer) who contributed or caused the worker’s injuries and if so, that third party would have liability as well (“third party liability”).
Must My Injury Be Extremely Serious In Order To Pursue Workers Compensation Benefits?
No, WC benefits can be pursued for any level or type of injury or illness, regardless of the severity of the injury or illness, so long as the injury or illness was caused or aggravated by work.
Does A Worker Have To Be Injured At Their Physical Place Of Employment To Qualify For Worker’s Compensation?
No, not necessarily. Generally speaking, a worker can still qualify for WC benefits even if they get injured outside their place of employment so long as they were acting in the “course and scope” of their employment, meaning that they were performing their job duties and were getting paid for it.
For more information on Workers Compensation Claims In CA, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 937-9255 today.
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