Compared to other states, California has relatively generous workers’ compensation laws. According to these laws, most employers must purchase workers’ compensation insurance through an insurance company or as self-insurance. The benefits are also fairly reasonable, though likely insufficient for a single breadwinner with a family.
However, just like in all other states, navigating workers’ compensation laws is quite challenging. Typically, injured parties should hire a Sacramento workers’ compensation lawyer to ensure they don’t make mistakes when trying to obtain benefits.
Who Is Protected by Workers’ Compensation Laws in Sacramento, CA?
Workers’ compensation laws in Sacramento effectively protect anyone who is injured while on the job. This is because all businesses must purchase workers’ compensation insurance as long they employ at least one person. Workers’ compensation covers all employees, even if they work part time. Failing to purchase insurance is a criminal offense.
Workers’ Rights Under Sacramento, CA, Workers’ Comp Laws
Under California workers’ compensation regulations, workers have a fair number of rights. They can get total compensation for all medical care related to a work injury, partial wage replacement and permanent disability benefits. Additionally, family members of the worker have the right to obtain death benefits if their loved one dies due to a work injury.
However, workers also have responsibilities related to these rights. Workers must report their injuries to their employer within 30 days of suffering them. They also need to file a claim with the Department of Industrial Relations. Filing a claim within 30 days counts as a way of informing an employer.
Filing Process for Workers’ Compensation in Sacramento, CA
The filing process for obtaining workers’ compensation is filled with bureaucracy. The best Sacramento workers’ compensation lawyers are certified as specialists in this process, and they still need to regularly get ongoing education to remain up to date on changes in the procedures.
The average worker may find this process nearly overwhelming, especially when recovering from an injury. Hiring a Sacramento workers’ compensation lawyer can help make it much smoother, especially when a worker must contest a decision. The following is roughly how the process will go for most injured workers.
- Get emergency treatment if necessary. While there are limits on what doctors and treatments will be covered, those limits don’t apply to emergency treatment. Injured workers should go directly to an emergency room after getting injured if needed.
- Report the injury. The workers’ employer must be informed in writing within 30 days of the injury. Filling out the form in the next step counts as a way to inform the employer if the employee obtains the form independently.
- Fill out a claim form. After being informed of the injury, the employer must provide the worker with a DWC1 (Workers’ Compensation Claim Form) within one day. The worker must fill out the form and return it to the employer as quickly as possible.
- Get evaluated by a primary treating physician. Injured employees must be evaluated by a doctor assigned by their employer. This doctor will evaluate the injuries and determine what treatment is justified.
- Get appropriate medical care. After being evaluated, the worker should get all prescribed treatment, some of which may come from doctors or specialists other than the primary treating physician.
- Resolve problems with the prescribed treatment. If this step is necessary, it usually should involve a Sacramento workers’ compensation lawyer. Workers have the right to dispute approved or denied treatment.
Workers’ Recovery for Workplace Injuries Beyond Workers’ Comp in Sacramento, CA
Getting compensation for workplace injuries beyond workers’ compensation is typically more complicated than the workers’ comp process. It will almost always require the assistance of an experienced attorney who handles both workers’ compensation cases and personal injury claims.
Since California businesses are required to obtain workers’ compensation effectively without exception, the only way someone won’t get compensation after a workplace injury is if their employer is breaking the law.
When this is the case, the employee can sue to get the compensation they are entitled by law. The employee can also obtain additional compensation for pain and suffering in this situation. Typically, pain and suffering damages aren’t available in a workers’ compensation case.