How Does Workers’ Compensation Work?

Workers’ compensation programs are a system of workers’ comp insurance designed to provide financial benefits and medical expenses to employees who are injured or become sick during the course of their employment. The goal of workers’ compensation benefits is to ensure that employees receive appropriate workers’ compensation coverage for work-related injuries or illnesses, regardless of fault, while protecting employers from certain lawsuits. A typical time for workers’ compensation can include the following:

1. Reporting the Injury:
   • If an employee is injured or becomes ill at work, the injured worker must promptly report the injury or illness to their employer. Employers may have a specific workers’ compensation policy, or reporting procedures, they must follow.
2. Seeking Medical Attention:
   • Injured employees may need to seek medical attention for their injuries. Employers may have designated healthcare providers or may allow employees to choose their own initial healthcare provider to obtain a medical report and medical care.
3. Employer Notification:
   • Once the employer is notified of the injury, they are required to report it to their workers’ compensation insurance carrier or the state workers’ compensation board. Employers are generally required to have workers’ compensation insurance, either through a private carrier or a state fund.
4. Filing a Workers’ Compensation Claim:
   • The injured employee may need to file a workers’ compensation claim with the insurance carrier. The workers’ compensation claim includes details about the injury, the circumstances surrounding it, and any medical care received.
5. Medical Evaluation:
   • The workers’ compensation insurance carrier may arrange for a medical evaluation to assess the extent of the injury or illness to determine the appropriate medical treatment and any potential disability benefits.
6. Temporary Total Disability (TTD) Benefits:
   • If the injury or illness prevents the employee from working for a temporary period, they may be eligible for Temporary Total Disability (TTD) benefits. TTD benefits typically provide a percentage of the employee’s pre-injury wages.
7. Medical Treatment:
   • Workers’ compensation covers necessary and reasonable medical treatment related to the work-related injury or illness. This may include doctor visits, hospital stays, surgeries, medications, and rehabilitation.
8. Return to Work:
   • Depending on the nature and severity of the injury, the goal is often to facilitate the injured employee’s return to work.
9. Permanent Disability Benefits:
   • If the injury results in a permanent impairment, the employee may be eligible for Permanent Disability Benefits. These benefits are intended to compensate for the permanent impact on the employee’s ability to earn a living.

The workers’ compensation attorneys at Lawyers for Justice, PC have helped California workers who suffered and injury or illness at work for over a decade. They help workers file a workers’ comp claim, help them navigate what their workers’ compensation benefits could be, and advocate for their rights.

Call Lawyers for Justice, PC today for a free consultation. (818) JUSTICE

Workers’ Compensation – FAQ

when will workers’ comp offer a settlement? An injured worker under financial burden from their injury or illness can receive a settlement offer at any point in the process, but it is not uncommon for settlements to happen around the time the employee reaches maximum medical improvement (MMI). At that point, the workers’ compensation insurance agency will have a better idea of how much more medical care is needed, how much it would cost, and whether long-term workers’ compensation benefits are needed.

how much does workers comp pay? Workers’ comp benefits usually are equal to two-thirds of an employee’s weekly income. So, for example, if they typically earn $1,000 per week, workers’ compensation should cover about $660.

how long after workers’ comp settlement do i get paid? Workers are usually paid out within 30 days of the workers’ compensation settlement.

what happens to medical bills when workers’ comp is denied? If workers’ compensation denies a workers’ compensation claim, injured workers must be their medical expenses out-of-pocket.

what happens when workers’ comp is approved? An accepted workers’ compensation claim ensures that any further medical expenses will be covered by workers’ compensation benefits.

what are you allowed to do while on workers’ comp? Specific jobs aren’t banned (or permitted) while receiving workers’ comp in California. Instead, the rules are about whether the job contradicts the work limitations given by a doctor. An injured worker may still be able to work while on workers’ compensation if the work is approved by a doctor as within the injured worker’s abilities.

how long does workers comp take? Injured employees typically begin to collect workers’ compensation benefits within a few weeks after filing a claim, however, that is not a hard-and-fast-rule. A worker’s comp employment lawyer can ensure a speedy recovery of lost wages.

how much does a workers’ comp lawyer cost? At Lawyers for Justice, PC, the firm operates on a contingency basis; that means injured employees do not pay any up-front costs to get the help of an attorney to fight their workers’ comp case. LFJ clients only pay if they win their case.

how do i get pain and suffering payment from workers’ comp? “Pain and Suffering” is typically not something a worker is compensated for under workers’ compensation, but each scenario can be different. The best thing to do is speak to a workers’ comp attorney by calling (818) JUSTICE.

how long does it take to get workers’ comp approved? After an employee files a workers’ compensation claim, the workers compensation insurance company has up to 90 days to accept or deny it.

what qualifies as a workers’ comp claim? Any injury or illness that happened in the workplace. For example, an employee could become injured by even one event at work, like hurting their back in a fall, getting burned by a chemical that splashes on their skin, or getting hurt in a car accident while making deliveries.

how long can you collect workers comp? In California, temporary disability benefits can last for a maximum of 104 weeks within five years from the date of injury.

how is workers comp settlement calculated? Financial assistant under workers’ compensation claims typically amount to two thirds of an employee’s pay.

how long does workers’ comp have to deny a claim? Typically 90 days from the on-the-job-injury.

how long can a workers’ comp claim stay open in california? Typically 2 years, or 104 weeks. However, more details about a specific workplace injury case under workers’ comp can be answered by a workers’ compensation lawyer.

when do you need a lawyer for workers comp? Hiring a workers’ compensation lawyer for an injury or illness is not required, but is often helpful in expediting the workers’ comp process. A workers’ compensation attorney can also ensure that the injured party receives the most amount of financial assistance possible.