Claiming compensation under workers compensation law in California
Workers may suffer injuries or illness while working for their employer. In addition to the medical expenses which the worker will have to pay to treat the illness or injury, the worker will often suffer from loss of income since he cannot work. The California workers compensation law has been formulated to provide financial assistance to workers injured at the workplace or having health problems related to the workplace. Some important aspects of the compensation law in California are discussed to help workers interested in getting compensation
In California all employers have to purchase insurance for workers compensation. Even if there is one employee workers compensation will have to be paid. Both part time as well as full time workers, seasonal workers, green card holders and undocumented workers are eligible for compensation, though there may be some restrictions for undocumented workers. However, business owners, independent contractors, volunteers, domestic workers, and students are not eligible for the workers compensation. It is also not necessary for Self employed individuals to purchase the insurance unless they are roofers.
Workers who are injured should notify their employer about the injury or illness and ask for a claim form. After the employee fills the claim form, the employer will complete the form and provide details of the insurance company who will compensate the worker. In case, the employer refuses to provide the claim form or the compensation offered does not cover the loss caused by injuries the worker should contact an attorney who will help him get the compensation. Though the worker can represent himself in case of any dispute, he should be aware that his employer and the insurance company will be represented by experienced attorneys. So it is always advisable for a worker to hire a competent lawyer, if he is disabled temporarily or permanently and eligible for more compensation.
The compensation insurance will cover all the medical expenses related to the injury like medical test, treatment, surgery, medicines, travel expenses to the hospital or doctors clinic. Additionally if the worker cannot resume his normal work within three days of the injury, he is also eligible for temporary disability payment from the insurance company. This payment for temporary disability is two third the average weekly payment for the worker depending on type of injury, and this payment can be received for a period of up to two years. However, in case of certain injuries and diseases, he may receive the payment for up to 5 years. If the worker suffers from serious injuries, he may get a life pension or permanent disability benefits.