Workers Compensation

Although there are many types of work injuries, the California workers compensation system divides injuries into two categories. Work injuries can be specific like slipping on a wet floor, or injuring ones back lifting a heavy object. In the alternative, a work injury can be categorized as a cumulative trauma like disease caused by frequent exposure to chemicals, or repetitive stress injuries such as carpal tunnel syndrome. If you are injured at work, the most important thing to do is get the medical treatment you need. Other important steps are notifying your employer and filing a claim for benefits. Read More

Benefits generally include:

  • payment of medical bills
  • payment for a portion of lost wages
  • compensation if your injury is permanent

Benefits are usually paid by the employer’s insurance company. Most businesses are required by law to carry workers compensation insurance.

Workers compensation is a no fault system. In other words it does not matter if your negligence on the job resulted in your injury. Neither does it matter if your employer’s failure to comply with safety rules resulted in your injury. Your on the job injury is compensable. The workers’ compensation system is a trade-off. The trade-off for removing fault from the equation is that you can’t sue your employer in a regular civil lawsuit. There are some situations in which you can file a civil lawsuit against a third party. For example, if you were injured on someone else’s property or if you were injured by a defective product, you may be able to sue the property owner or the manufacturer.

Insurance companies, like most businesses, are beholden to their shareholders to maximize profit above all else. What this means for you is that the insurance company will take every opportunity to deny you treatment, compensation, or your claim as a whole. To this end, it is in your best interest to hire a competent workers compensation attorney who can navigate the complexities of workers compensation law. A skilled attorney can protect your interest, see that you get all the benefits you are afforded under the law, and prevent the insurance company from shortchanging you.

The information contained on this website represents opinion only and is not intended to, nor should be relied on as legal advice of any kind. Should you wish to consult with an attorney, contact an attorney at the Law Office of Jesse Terrell at (323) 638-4712.
Translate »