Work injury and workers’ compensation law is multifaceted and complicated. California workers’ compensation attorneys may help employees navigate and understand workers’ compensation law and advise individuals through various legal processes. If you’re an individual attempting to navigate workers’ compensation employee responsibilities, employer responsibilities, workers’ compensation insurance, the Division of Workers’ Compensation, or any other legal matters related to workers’ compensation, a California work injury attorney can help.

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What is workers’ compensation?

According to the California Department of Industrial Relations and California Workers’ Compensation Handbook, workers’ compensation is a system of benefits the law provides to most employees who experience work-related injuries or occupational diseases. Generally, the government ensures compensation and benefit payment, regardless of fault. Workers’ compensation covers injuries from one-time events and repeated exposure. In addition, California workers’ compensation covers some, but not all, job-related psychological injuries.

What benefits does California workers’ compensation insurance provide?

Workers’ compensation insurance may provide injured individuals with:

• Medical care,
• Temporary disability benefits,
• Permanent disability benefits,
• Supplemental job displacement benefits, and
• Death benefits.

What are the responsibilities of California employers?

Employers in California must have workers' compensation insurance for their employees. In the case of a workplace injury, the employer must provide compensation. The workers’ compensation insurance covers essential medical and injury-related expenses.

Employers in California must also post a notice regarding workers’ compensation in the workplace and provide a pamphlet explaining workers’ compensation to all new employees.

In the event of a reported work-related illness or injury, California employers must:

1. Provide a workers' compensation claim form to the employee within one working day of the report and if the injured employee is the victim of a workplace crime, the employer must give notice of workers' compensation eligibility within one working day of the crime,
2. Return a completed copy of the claim form to the employee within one working day of receipt,
   Forward the claim form, along with the employer's report of occupational injury or illness, to the claims administrator within one working day of receipt,
3. Authorize up to $10,000 inappropriate medical treatment within one day of receiving your claim, and
4. Provide transitional work whenever appropriate.

What steps should an employee take if they sustain a workplace injury in California?

If an employee sustains a workplace injury in California they must:

1. Inform their employer of the injury

Employees should inform their employer of the workplace injury as soon as possible. According to the California Division of Workers’ Compensation, employees must report workplace injuries within 30 days of sustaining the injury. Employees must notify their employers of their condition as soon as possible for occupational diseases. If employees do not report their injury within the required timeframe, they lose their right to compensation.

2. Complete the required claim form

After reporting their injury, employers will provide the injured employee with a Workers’ Compensation Claim Form. The employee must complete the form to open their worker’s compensation case. The form’s completion allows the employer to begin the process of providing the employee with state-assured benefits.

State-assured benefits may include:

• ​​A presumption the injury or illness was work-generated if the claims administrator does not accept or deny the claim within 90 days of the employee giving the completed claim form to their employer,
• Up to $10,000 in treatment under medical treatment guidelines while the claims administrator considers the claim,
• An increase in disability payments if they are late,
• A method to resolve disagreements between the employee and the claims administrator regarding the injury or illness origin, medical treatment, and necessity of permanent disability benefits.

3. Take note of the injury and incident

Employees should record the date, place, time, and any other relevant information or details regarding the injury’s occurrence. Employees should include place and date of occurrence in their employer notification. Creating a personal record of the incident will assist and expedite all potential legal processes regarding workers' compensation.

4. Acquire legal assistance if necessary

If an employee refuses appropriate workers’ compensation, unlawfully discriminates against the employee, or does not have workers’ compensation insurance, employees may take legal action.

What happens if an employer in California does not have workers’ compensation insurance?

If an employer in California does not have workers’ compensation insurance, California state law may subject the employer to serious penalties.

Penalties for employers without workers’ compensation insurance include:

• A Class A misdemeanor for negligent behavior (up to 12 months in jail and/or a $10,000 fine),
• A maximum $50,000 fine for a second offense,
• A civil penalty of up to $10,000 per employee for compensable injuries,
• A civil penalty of up to $2,000 per employee for non-compensable injuries, and
• Civil suits from employees are protected under the California Labor Code.

Who oversees workers’ injury law in California?

In California, the Division of Workers’ Compensation oversees all workers’ compensation laws and services. Within the Division, individuals may contact the Information and Assistance Unit for questions and claim resolution, the Medical Unit for provider networks and medical assistance, and the Workers’ Compensation Appeals Board to dispute work injury compensation.

How Can a California Workers’ Compensation Attorney Help Me?

A California workers’ compensation attorney may assist individuals in all aspects of workers’ compensation law. California workers’ compensation attorneys can navigate their clients through legal inquiries regarding employee responsibilities, employer responsibilities, workers’ compensation insurance, the Division of Workers’ Compensation, and all other legal matters related to workers’ compensation. Workers’ compensation attorneys in California may also provide legal counsel through criminal and civil proceedings to ensure a desirable and appropriate outcome.

Free Consultation With a California Workers’ Compensation Attorney

If you’re an individual attempting to navigate workers’ compensation or work injury law and need a lawyer, get your free consultation with one of our California work injury attorneys today! We’re here to help 24/7.