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If I’m Hurt on the Job, Can I File for Workers’ Comp?
The law in California outlines an employers’ basic responsibility to their employees. This includes on-time payment of wages, basic benefits like sick leave, and creating a safe and non-hostile work environment. In California, employers must also provide workers’ compensation benefits for their injured employees.
Workers’ compensation is a form of insurance that employers must carry to cover their employees. Also called workers’ comp, it offers certain benefits to individuals who are injured or become ill due to an injury or exposure to sickness at work. Getting hurt on the job is not always enough, however. You must first satisfy specific requirements to qualify for workers’ compensation benefits. These requirements can be challenging to understand, and any errors with your paperwork or request can result in a delay or even denial of benefits.
These challenges are why, if you or a loved one became sick or were injured on the job, you should contact an experienced attorney. An attorney will be able to review the specific circumstances of your case, determine whether you qualify for workers’ comp, and help you properly file the necessary paperwork. This can ensure a speedy turnaround time on your benefits so you can focus on your recovery.
Who Qualifies for Workers’ Comp?
To receive workers’ comp. benefits, you must satisfy basic criteria: that you are an employee of the person or company and that you were injured or became sick as a result of your work.
While independent contractors do not qualify for workers’ comp. benefits, if the individual was wrongfully classified as an independent contractor, and was, in fact, treated as an employee, that person still qualifies for benefits, regardless of how he or she was paid or classified. If your employer does not have workers’ comp coverage when they are required to, you are still entitled to benefits and may be able to, in addition to filing a workers’ comp claim, sue the employer in civil court.
It is generally a workers’ compensation doctor that will help you satisfy the requirement to show that you became sick or were injured because of your work-related duties. This is why an injured worker should consult with a workers’ compensation doctor specifically, rather than their own private physician, since a private physician will typically not address the cause of your injury or illness at all, or in a manner that an adjuster for a worker’s comp insurance will understand.
What Does Workers’ Compensation Cover?
Workers’ compensation covers a variety of expenses related to work-related injuries. In many instances, workers’ comp covers, but is not necessarily limited to covering:
- Medical Bills
- Lost Wages
- Rehabilitation Expenses
- Out of pocket expenses related to Medical Care
- Disability Expenses
- Funeral and Burial Expenses
The benefits you ultimately receive will be commensurate to your sickness or injury. An experienced attorney can review your case and determine the sort of benefits to which you are entitled, as well as how to best pursue getting you compensation.
If I Was Injured Outside of Working Hours, Can I File for Workers’ Comp?
Whether you can file for workers’ comp for injury or illness outside the workplace depends on what you were doing at the time and whether it was related to your job. If you were in a car accident while driving home on the weekend, you would likely be unable to file for workers’ comp.
However, if you were on a work-related trip, and driving was a required part of travel for the trip, and you were injured in a car accident, you could qualify for workers’ comp. In this instance, you would need to demonstrate the travel was a required, unavoidable part of your job duties. Note that you usually cannot claim workers’ comp for injuries sustained commuting to or from work.
If you became ill, you would need to demonstrate that your sickness resulted from being exposed to something during work-related duties. For example, suppose someone was a chain smoker and was diagnosed with lung cancer. In that case, they may have difficulty proving their sickness was the result of exposure to chemicals or other carcinogens on the job site. However, suppose someone was a generally “clean living” individual and developed sickness as the result of exposure to carcinogens in a work-related capacity. In that case, they may be able to file for workers’ comp even if they were medically diagnosed long after ending their employment. An experienced attorney can best determine if your specific illness or injury qualifies you for workers’ comp and, if so, help you through the process of obtaining benefits.
What Should I Do if I Need to File for Workers’ Compensation?
Workers’ compensation is a valuable resource for California’s workers. It can help pay medical bills and compensate for lost wages during a challenging time. Filing for workers’ comp may be a long and complex process, and not every employee necessarily qualifies. The best way to ensure your workers’ comp claim goes smoothly and that you receive compensation promptly is to consult with an experienced employment attorney.
If you or a loved one experienced a work-related illness or injury, don’t hesitate to contact a member of our team at the Espinoza Law Group today. We can review your case, determine if you’re eligible for workers’ comp, and then help you through the process. Having our experienced and dedicated attorney on your side can help avoid any misunderstandings or potential delays. We can ensure you get what you deserve as quickly as possible so that you can focus on recovery and healing.
An employee should be taken care of in their time of need. That’s why workers’ compensation exists, but obtaining it can be a challenge. Let us take care of that challenge for you. If you or a loved one experienced a work-related injury or illness, don’t hesitate to contact Espinoza Law Group today at 213-667-0701 to schedule your free case evaluation.
