Workers’ compensation protects most workers who are hurt or ill while working for an employer. According to workers’ compensation lawyers, since California is a no-fault state, injured workers don’t need to prove that their injuries occurred due to someone else’s fault.
Even if workers are responsible for their own injuries, they are still covered by workers’ compensation. Suppose you were injured in a work-related activity or became ill, and you haven’t received compensation. In that case, it’s best to contact a workers’ compensation attorney and enforce your rights. But who is eligible for workers’ compensation in California?
Workers’ Compensation Eligibility in California
Below is a list of the most recent posts. California Labor Code Section 3700, all employers must provide workers’ compensation benefits. When an employee suffers an injury or illness at work, they are covered separately.
All workers in California are eligible for workers’ compensation, including part-time employees. However, independent contractors or self-employed citizens cannot pursue a workers’ compensation benefits claim.
To be considered an employee and be eligible for workers’ compensation, you need to have a written contract that proves you are an employee. Also, you receive benefits similar to employee types, like pensions, insurance, sick leave, or vacations.
You are expected to maintain a long-term relationship with your employer, and you will be rewarded for providing services that are essential for its success. The employer also grants you regular hourly wages or payments, and your services aren’t available to the market.
It is likely that you were an employee, not an independent contractor, if you received instruction and training about where to work and when, the tools you should use and how to complete other duties. Being employed isn’t the only requirement to receive workers’ compensation in California. Reporting your injury or sickness at work to your employer is also required.
You must send them an official written notification within 30 days. Otherwise, you risk losing your workers’ compensation benefits. If you are injured or ill, your employer has a duty to make a workers’ compensation claim within ONE DAY of learning about it.
Workers’ Compensation Benefits
In California, there are five main basic types of workers’ compensation benefits:
- Benefits for temporary disability
- Benefits for permanent disability
- Medical care
- Death benefits
- Supplemental job displacement benefits
Workers who are injured at work will not be able to work for some time and therefore need income. The temporary disability benefit is a replacement for the lost wage, which you would have received if you had not been injured. However, you only get between 60% and 70% of what you could earn if you hadn’t suffered the injury.
A work accident victim is entitled to permanent disability benefits if the injury or illness they suffered prevents them from returning to their previous job. In the case of supplemental benefits for job displacement, you will receive a voucher to cover job retraining costs.
If you are killed in an accident or illness at work, your family, such as children or anyone else who is dependent upon you, will be entitled to receive death benefits, which include burial costs. Medications and diagnostics are also covered by medical benefits.
Your Employer and Workers’ Compensation
When you are hired by an employer, you should receive a workers’ compensation pamphlet which details and explains your employee rights and responsibilities. A poster on the work site should also inform you about the company’s workers’ compensation coverage and where you, as the injured worker, can receive medical care.
If this notice isn’t present at your work site, your employer can face a misdemeanor charge and civil penalty fines. If an employer doesn’t provide workers’ compensation for their workers, it is a criminal offense. If they don’t purchase workers’ compensation insurance, then they are in open violation of the California Labor Code, and their business can be closed down.
However, employers or insurance firms might sometimes find ways to delay/deny, or other disputes might arise regarding your workers’ compensation benefits. In this case, you should contact a workers’ compensation attorney.
A workers’ compensation attorney can help you receive the benefits that you are owed, handle paperwork, ensure your employer doesn’t bypass any procedural steps, and communicate with insurance companies on your behalf.