Workers' compensation benefits workers who face injury at work or who have an illness, disability, or disability caused or aggravated by working conditions. In some states, employers are required to have worker's compensation insurance from insurance companies. Workers' compensation attorneys help you to get entitled benefits if you face injury at the workplace. 

In this article, we have listed the important things you should know about worker's compensation law to get your entitled benefits and rights.

Keep reading! 

If I Get Injured at Work, Can I Choose Between Worker's Compensation and Filing a Claim Against My Employer?

Workers' compensation is usually a remedy for injured workers; An employee who is paid compensation usually cannot bring a claim against the employer in court.

Is Employee Injury Covered Even If It Was Employee's Fault?

Workers' compensation is a flawless system designed to balance the rights of the worker and the employer. Since an employee waives the right to sue their employer, they must provide workers with compensation payments, regardless of who is at fault.

What If My Employer Treats Me Worse Because I Was Injured at Work or Because I Filed a Worker's Compensation Claim?

Your employer cannot discriminate against you or take action against you because of your work injury or file a worker's compensation claim. 

If your employer discriminates against an employee or retaliates against you, including threatening to fire, harassing, or intimidating you. In such a situation, you should contact the California Workers' Compensation attorney and Assistance Officer/

You have two years from the date of discrimination or retaliation for filing a discrimination claim with the Workers' Compensation Appeals Board.

What Benefits Can I Get in The Form of Workers' Compensation?

Medical care - Reasonable reimbursement of medical expenses related to the injury.

Temporary disability - payments to compensate for the loss of wages upon recovery.

Permanent disability - payments to compensate you for disability related to permanent work if your condition is considered permanent and immobile and you have not fully recovered.

Vocational Rehabilitation: You may be eligible for a valid 'bonus' at accredited schools for retraining related to education or continuing education.

Death Benefit: Payments to the family or dependents of an employee who has died as a result of an occupational injury.

Note. Workers' compensation is generally not subject to state or federal income taxes.

Can I Get Other Benefits Besides Worker's Compensation?

You can also qualify for state and federal assistance programs such as California Social Security Disability Insurance (SSDI), or Unemployment Insurance Benefit (UI).

For SDI or UI information, contact the California Employment Development Department (EDD) 800-480-3287 or www.edd.ca.gov.

For information about SSDI, contact the US Social Security Administration at 800-772-1213 or www.ssa.gov.

Who Is Covered by Workers' Compensation?

You are likely to receive workers' compensation if you are an employee, regardless of whether you have a worker's compensation attorney written employment contract.

Employees covered include:

Those who work less than thirty hours a week. You may be eligible for compensation as a part-time worker if you earned more than $ 150 and worked more than 62 hours in the 90 days before the injury.

Undocumented immigrant workers

Resident Domestic Workers - You may be qualified if you work a minimum number of hours for a specific employer. Minors - Minors are eligible for benefits but must be represented by an adult guardian.

People who are not covered by California workers' compensation include:

Federal employees. 

Federal employees (such as postal employees) are subject to a separate compensation system under the Federal Employees Compensation Act (FECA). This system is administered by the Office of Workers Compensation Programs www.dol.gov/owcp.

Do I Need a Workers' Compensation Attorney?

You need a workers' compensation attorney to file a claim; however, it may be helpful to speak with a worker's compensation attorney / or hire one. 

Workers compensation attorneys can help you navigate the workers' compensation system, keep you informed of deadlines, resolve disputes, represent you, recommend additional resources, and usually act as your attorney. 

It may be especially helpful for you to speak to a worker's compensation attorney if you are unsure of handling a claim, if you feel that your insurance company or your employer is treating you unfairly, or if you have a permanent disability.

How Are Workers' Compensation Attorneys Paid?

Most worker's compensation attorneys provide advice free of charge. During this meeting, the workers' compensation attorney will ask you about your case. It would help if you also asked your worker's compensation attorney questions. If you go for your first consultation, you don't need to hire a lawyer.

Workers' compensation attorneys are paid for contingencies not related to your agreement. This means that from now on, you do not pay a lawyer. The attorney scholarship is taken from your settlement and is usually 9-15% of the total once approved by the workers' compensation judge.

NOTE. Since worker's compensation attorneys receive a relatively low contingency stipend, their work is generally very high. They may not always be able to answer phone calls and immediately answer questions. 

However, you should expect your lawyer or paralegal to answer you within a reasonable time frame. Sometimes it is better to formulate your question (s) in a simple letter to a worker’s compensation attorney rather than over the phone.

How Can I Find a Lawyer?

Narrow your search to a worker's compensation attorney specializing in worker's compensation, preferably those who are certified by a California court as worker's compensation specialists. You can also find attorneys for personal referrals, your local legal aid society, your primary care physician, or your union.

Hope this article helps you know the essential things about worker's compensation law and the role of a worker's compensation attorney during injury.