If you were injured on the job, you may be able to receive workers’ compensation benefits for the injuries you sustained. In California, all employers are required by law to provide their employees with workers’ compensation benefits.
However, it is important to be aware of the limitations that exist and the actions that you must take. Here, we will explore some important workers’ compensation laws in California.
California’s No-Fault Workers’ Compensation System
California, along with a handful of other states, have a no-fault workers compensation system, meaning that workers’ compensation is provided to injured employees regardless of fault. Further, the injured employee does not need to prove that they suffered the injury or illness as a result of someone else’s negligence.
Additionally, it must be clearly proven that the injury occurred while you were performing work-related tasks.
Exceptions to California’s No-Fault System
While the no-fault system can alleviate a great deal of stress associated with who was at fault for the accident, the system has exceptions, which California’s Labor Code lays out in detail. Here are some reasons why an individual may not be entitled to workers’ compensation benefits:
- Intoxication: If you were under the influence of alcohol or drugs which caused you to get injured
- Self-infliction: If you purposely and deliberately injured yourself
- Horseplay: If you suffered an injury while participating in voluntary, social, or recreational activities not related to your job responsibilities
- Crimes: If you were committing a crime at work and got injured
- Fight: If you suffered an injury as a result of a physical altercation
Filing a Claim
In order to receive workers’ compensation benefits, you must first report your injury to your employer within 30 days of the accident occurring. Then, the injured employee must file a Workers’ Compensation Claim Form (DWC 1) within one year of the accident occurring.
This form requires you to report pertinent information regarding how the accident occurred and what injuries you sustained. Failure to report your injury or file a claim will likely bar you from receiving any workers’ compensation benefits.
Types of Workers’ Compensation Benefits
There are a number of different workers’ compensation benefits that an individual may be able to receive if they were injured on the job. These benefits include:
- Medical care
- Temporary disability benefits
- Permanent disability benefits
- Supplemental job displacement benefits
- Death benefits
Can I Sue My Employer?
Generally speaking, you are not able to sue your employer for work-related injuries in California. This is due to the exclusive remedy rule laid out in California’s workers’ compensation laws. Essentially, the workers’ compensation system was created in such a way that in exchange for the right to receive workers’ compensation benefits, you give up your right to sue.
However, in unique cases where you believe your employer caused intentional harm, you may be able to bring an intentional tort to civil court.
Legal Assistance
If you have been injured in the workplace in California, there are a number of different criteria that you must take into consideration when pursuing workers’ compensation benefits. It is advised to consult with a Los Angeles workers’ compensation attorney to ensure that your rights are protected and that you recover the maximum amount of compensation. A lawyer can also help you to determine whether you have a viable workers’ compensation claim.