In California, a workers’ compensation claim is an administrative proceeding that is designed to provide fast financial assistance to workers that have suffered a grievance while at work. Workers’ compensation benefits are different than many other forms of legal disputes, such as those provided by a civil suit.
Although there are plenty of similarities between a workers’ compensation claim and a civil lawsuit, there are also several differences. For instance, in California, civil claims are generally begun by submitting a claims in the correct superior court while a workers’ compensation claim is commenced by submitting a form with the employee’s employer.
Other identifying factors of a workers’ compensation claim involve the following:
- Mandatory Insurance – Certain employers are legally required to maintain workers’ compensation insurance. This will ensure that their employees can seek financial assistance when an injury has transpired.
- Certain Injuries Apply – In order for a worker to be able to seek financial compensation for his or her injuries, the injury must have directly resulted from a work-related incident.
- Remedy Exclusivity – Oftentimes, workers’ comp is the only way an employee will be able to seek compensation for a workplace injury.
- No-Fault Compensation – With the exclusion of fraudulent and intentional misconduct, eligible workers are entitled to receive benefits regardless of who was at fault.
The primary benefit to a workers’ comp claim is that it allows injured employees the opportunity to immediately obtain comp to pay for medical expenses. Therefore, the system will offer injured workers a quick resolution for claims, with a minimum guarantee of benefits.
California Workers’ Compensation Claim Process
A person who has been injured at work should consider the following steps in effort of obtaining workers’ comp benefits:
- Notify the employer of the injury or ailment – As soon as the worker learns about the condition, he or she will need to immediately notify his or her employer.
- File a claim – Notifying an employer will usually prompt the filing of a workers’ comp form.
- Seek and maintain medical attention – Seeking and maintaining medical attention is important for a successful claim. A well-established medical record can be imperative for an employee who is seeking to obtain a settlement. In other cases, a medical record can also help those who have been denied workers’ compensation benefits.
As the Coronavirus pandemic sweeps the globe, there will be a lot of changes in policies, processes and employment regulations caused by COVID-19. As these matters continue to develop, workers’ compensation claims in California will continue to move forward, but things will be different. If you have an employment matter or worker’s comp issue relating to Coronavirus you can call us to get your questions answered.
Seek the Legal Support of a Qualified Attorney
Employees in the State of California who have been injured as a result of a work-related injury will likely need to file a workers’ comp claim. It is important that injured workers understand that complications could arise throughout the claim’s process. In some cases, injured employees can be denied benefits.
If you or someone you know has been injured while at work and is being denied benefits or has questions regarding a specific case, seek the legal advice of a professional attorney that can assist you.
Attorney Albert E. Hirst has successfully helped many clients file a workers’ compensation claim in the State of California. His knowledge and expertise in the field of workers’ compensation claims has led to many employees obtaining benefits after suffering an injury or illness as a result of their work.