What You Need to Know About a Workers’ Compensation Lawsuit in California
California has a no-fault workers’ compensation system, which ideally benefits both the employees and the employers. Here is what you need to know about a workers’ compensation lawsuit in California.
Workers cannot sue their employers, and employees do not have to prove that their employer was at fault for their work-related injury; they just need to prove that the injury was work-related. The workers’ compensation system, which is paid for by employers, provides several benefits to employees that have been injured on the job.
Related: California Workers’ Compensation Laws
Workers’ Rights Under California Workers’ Compensation Law
The following is a list of benefits that workers can receive after being injured on the job. These are tax-exempt, unlike other benefits such as unemployment.
Medical treatment costs
This includes associated costs related to medical treatments. This includes medical evaluations, treatments, surgery, prescription medication, medical aid devices, and transportation costs to seek treatment.
Temporary disability payments
These payments are provided to those injured employees that need time off for a work-related injury. Payments are made based on two-thirds of the employee’s average weekly salary with a state number of weekly maximums. Employees can receive temporary disability payments for up to 2 years of the date of injury, unless they suffer from one of the following conditions (in which they are entitled to 240 weeks of temporary compensation): hepatitis B or C, HIV, amputation, severe burns, certain eye injuries, pulmonary fibrosis, chronic lung disease.
Related: How Workers’ Comp Payments Are Calculated in California
Permanent disability payments
These are payments made to workers whose injury prevents them from returning to work or from getting another job. The amount depends on the age of the employee, the injury sustained, the worker’s occupation, and the doctor’s restrictions. Permanent disability payments can last for 4 weeks-14 years depending on the specific details of each case.
Related: How Long Can I Receive Workers’ Compensation Benefits?
Life pension payments
Life pension payments are for workers who became seriously disabled on the job. This is a small weekly payment in addition to the weekly permanent disability payments. It is possible to receive life pension payments for the rest of the employee’s life.
Vocational retraining costs
This is called the Supplemental Job Displacement Benefit, which is available to workers who cannot return to their previous job due to a work-related injury and their employers did not offer them modified or alternative employment. The retraining benefit has a value of $6,000 for educational retraining at state-approved schools.
Death benefits
These benefits are owed to the dependents or spouses of workers that have been killed on the job. This includes burial expenses.
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If you have any seeking to file a workers’ compensation lawsuit in California, contact us. We’ll get you in touch with the most qualified attorneys for your unique legal matter. Get your free consultation with one of our Work Injury Attorneys in California today!