Do you have an on the job injury? In California, if you are an employee and you are injured while in the course and scope of your employment, then you are probably entitled to bring a workers’ compensation claim against your employer or your employer’s workers’ compensation insurer. The workers’ compensation system is governed by California laws and regulations.
Through the workers’ compensation system, you can obtain medical treatment and disability benefits (both temporary and permanent) as well as job retraining benefits, paid by your employer or your employer’s insurer. Sometimes medical care can be a lifetime benefit. Disability benefit amounts are subject to regulation and are capped. They are generally based on your job classification, age and, of course, extent of disability.
As an advantage to you in the workers’ compensation system, you do not have to prove that your employer was at fault for the accident causing your injuries. Rather, you just have to prove that you were in the course and scope of employment. Many people believe that the phrase “course and scope of employment” means that the employee was injured during the hours the employee actually worked at the employer’s premises or job site. However, the law makes many exceptions, and an attorney should be retained to determine whether you were or were not in the course and scope of employment.
Our experienced and attentive attorneys at Curtis Legal Group have handled cases for a variety of clients who have suffered injuries on the job. We work hard to help you get the maximum compensation for your injuries.
In California, workers’ compensation is the exclusive remedy if you wish to make a claim only against your employer unless the employer is not self-insured for workers’ compensation benefits or doesn’t carry workers’ compensation insurance. Your employer is generally protected from claims and suits filed in civil court by the workers’ compensation administrative system.
If your employer is not insured for workers’ compensation benefits, then you can file a workers’ compensation claim through the Uninsured Employers Benefits Trust Fund (UEBF) to determine if you can obtain workers’ compensation benefits. You could also bring a civil claim, action or suit against your employer. If you decide to bring such a claim against your employer outside of the workers’ compensation system, then you will have to prove that your employer was at fault for the injury-producing accident. As is the case with any civil claim, you will be able to recover damages for your injuries, including medical treatment, loss of earnings, and pain and suffering damages.
If you have been injured by the fault of others who are not your employer, you can bring a claim, action or suit against those persons even though the injury occurred during the course and scope of employment. The California workers’ compensation system does not pay for pain and suffering damages, i.e. the pain, grief, inconvenience, embarrassment, humiliation, anxiety and emotional distress suffered by you from your injury. Therefore, it is important to recover those damages from the non-employer who is at fault for your injuries.
It is important to determine whether non-employers are responsible for your injuries. Our attorneys at Curtis Legal Group can handle the necessary investigation and prosecution of your claims against the non-employers.
There may be more compensation to which you are entitled beyond workers’ compensation benefits.
The workers’ compensation system is complex. It is important to hire an attorney to help you navigate that system. Insurance companies will fight you to avoid having to pay the benefits that you deserve.
Please call us at 1-800-LAW-3080 or contact us online to schedule a consultation.