Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are harmed on injured on the job. The benefits can include death benefits, income replacement, and medical expenses coverage. The amount of benefits an employee is entitled to depends on the severity of their injury or illness. In some cases, employees may also be eligible for vocational rehabilitation or retraining.
The Law Offices of Harley Merritt has a proven track record of success in helping clients navigate the workers’ compensation system and obtain the benefits they deserve. If you have been injured on the job, we encourage you to contact us today for a free consultation.
In California, the Workers’ Compensation system provides benefits to employees who are injured or become ill as a result of their job. Benefits can include medical care, income replacement, and death benefits. Workers’ Compensation is typically paid for by employers through insurance premiums. In order to receive benefits, employees must first file a claim with their employer.
A work-related injury benefit package includes 100% coverage for reasonable medical treatment to cure and/or relieve its complications, a supplemental job voucher for career retraining, temporary or permanent disability benefits for lost wages or when the employee is permanently disabled, and death benefits for families of a deceased employee.
If the employer denies the claim, the employee can appeal to the Workers’ Compensation Appeals Board. Employees have a limited time to file a claim, so it is important to act quickly if you believe you are eligible for benefits.
In California, it is illegal for an employer to fire an employee simply because they have filed a Workers’ Compensation claim. This is because filing such a claim is protected under state law, and employers are required to extend certain protections to employees who are making such claims. Therefore, if you are laid off or fired shortly after submitting a claim, it is likely that your employer has violated the law. Not only can this be extremely stressful and demoralizing, but it may also entitle you to compensation for any damages suffered as a result of the wrongful termination.
So, if you find yourself in this situation, it is important to consult with an experienced workers’ rights attorney who can help protect your rights and advocate on your behalf. With their guidance and support, you can take legal action against your employer and seek restitution for any harm that you have incurred. And in the end, you can feel confident standing up for yourself against workplace injustice and discrimination.
A workers’ compensation attorney’s fee is contingent on the benefits awarded, meaning that you only pay if you win your case and are awarded a settlement or other financial award.
You should be aware that in most cases, attorney fees are usually 12-15% of the awarded benefits, permanent disability, or negotiated settlement.
You can file a claim 30 days after an injury. You have one year from the date of injury, or one year from the date you last received a benefit, to file your claim with the Workman’s Compensation Appeals Board (also known as WCAB).
In order to be eligible for worker’s compensation benefits, you must usually file a claim within the above-mentioned amount of time after the injury or illness occurs.
When an employee experiences constant physical or emotional stress at work, it can lead to long-term damage and health problems. This is known as cumulative trauma or Cumulative Trauma Disorder (CTD). This type of work injury is covered by Worker’s Compensation