Workers’ Compensation Frequently Asked Questions

What is Workers’ Compensation?

A: Workers’ compensation in California is the legal system by which workers who suffer on the job injuries receive temporary compensation benefits, medical care and treatment benefits, and occasionally partial or total permanent disability benefits.

What are Workers’ Compensation Benefits

A: The insurance companies provide and pay for medical care and treatment for the cure or relief of industrial injuries. The insurance companies also pay highly regulated temporary disability benefits, and if applicable, partial or total permanent disability benefits.

What if You’re Injured at Work

A: Report the accident immediately to a supervisor, fill out the appropriate work comp claim form, and report immediately to a medical doctor at which time you should document ALL of your injuries, no matter how minor to the doctor for record keeping and treatment. As soon as you can thereafter, you should the seek the services of a trained workers compensation for a private, independent consultation as to your potential rights under the California worker’s compensation system.

Can You Be Fired for Being Injured at Work?

A: Your employer cannot fire for proposing to file, or filing, a workers’ compensation claim. Such a firing is illegal under Labor Code Section 132(A). Any employer who does so is subject to severe penalties payable to the injured worker.

Injured at Work Caused by a Third Party

If your injuries are caused by someone other than your co-workers at your company you may have what is known as a third-party case. A third party case is filed in the superior courts of the state of California and you are allowed to seek full relief, including past and future medical bills, past and future losses of earnings, and past and future pain, suffering, inconvenience, humiliation, and emotional distress.  Third party cases need to be analyzed as soon as possible with the assistance of a trained attorney.

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