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Workers’ compensation provides both payment for medical treatment and compensation for lost wages if you are unable to work or limited in what you can do.

Hurt on the Job? Your Rights Under California Law

If you’ve been injured at work, whether through an accident, repetitive motion injury, or exposure to toxic chemicals, you may be unsure of your next steps.  How do you make sure that you are compensated properly?

In California, workplace injuries are covered by the California workers’ compensation system. Employers must pay into this system, which functions like an insurance program. If an employee is hurt on the job, workers’ compensation may provide benefits such as medical treatment and payment for lost wages.  An experienced workers’ compensation attorney can evaluate your case to determine whether you have a valid claim — and can make sure that your case is filed properly and on time.

California Workers’ Compensation Benefits

Employees who are injured on the job are entitled to compensation through the workers’ compensation system.  This could include payment for necessary medical treatment, including future medical expenses, and payment of lost wages of up to two-thirds of pretax gross wages.  Workers’ compensation benefits for lost wages fall into the following categories:

  • Permanent Disability: If an employee is no longer able to work or is permanently limited in the type of work that he or she can perform, that person may be entitled to permanent disability payments. These payments can either be for permanent total disability or permanent partial disability.  They are awarded on an extended basis to compensate for an employee’s inability to work (or to work in the same capacity as before the accident or injury). If an employee suffers a devastating injury, such as paralysis from a fall, they may be entitled to permanent disability benefits.  However, less serious injuries that limit or prevent an employee from working in the same capacity may also qualify for permanent disability.
  • Total Temporary Disability: When an individual is not able to perform any type of work for a period of time, then he or she may be entitled to total temporary disability benefits.  This can occur when either a person cannot work at all for a set period of time — perhaps due to a broken bone — or cannot work because of medical restrictions  that an employer cannot accommodate, such as when an employee is recovering from major surgery.  Employees who receive total temporary disability may be awarded higher benefit amounts for a limited period of time.
  • Temporary Partial Disability: If an employee is not totally disabled but has restrictions or conditions on his or her ability to work, he or she may be given temporary partial disability benefits. This may occur in a number of situations, such as if a person suffered a back injury and can still perform most job functions but is unable to lift heavy objects or bend or twist in a certain way.  Temporary partial disability benefits are intended to make up the difference between the salary that the worker is currently making and what he or she made prior to the accident or injury.

What To Do If You’re Hurt At Work

If you are injured in the workplace in any way, notify your supervisor immediately — even if the injury seems minor.  Follow all of the required procedures for reporting these incidents, and ask for copies of all written documentation of the accident or injury.

Once you have filled out the necessary paperwork, seek medical attention for any injuries.  Getting prompt medical treatment can be the key to ensuring that you recover from your accident.  You should also contact an experienced workers’ compensation lawyer as soon as possible.  A skilled attorney can make the difference to acquire the compensation that you deserve, and can help relieve some of the stress that comes with getting hurt at work.

If you’ve been hurt at work, contact the Law Offices of Larry H. Parker today at 800-333-0000 or info@larryhparker.com.  We are skilled at handling California workers’ compensation cases, and will work hard to ensure that you get the money that you deserve for your injury.