Workers’ Compensation Benefits: Everything You Need to Know!

Workers in California are entitled to two types of workers’ compensation benefits: medical and indemnity benefits. Indemnity benefits are provided for lost wages, such as in Temporary Disability and Permanent Disability. Here is a lot of what you need to know about workers’ compensation benefits in California, including how to file a claim.

Workers’ Compensation Benefits: Are You Still Entitled After Being Fired?

Workers’ compensation is a state-mandated insurance program that offers benefits to workers who get injured in accidents that happen at work. The benefits work such that even if the employee sustained the injuries while doing their duties, they are still entitled. Typically, when a workplace accident happens, the worker gives up their right to sue their employer in exchange for workers’ compensation benefits. Consulting an expert like attorney Scott Silberman can make all the difference in understanding the process and securing the right benefits.

However, to be qualified for workers’ compensation in California, you must be working for your company. You cannot be an independent contractor, and if you are a worker, your injuries must be tied to your job.

Nevertheless, while workers’ compensation claims typically assume the workers’ continued employment, some injuries may not manifest until after the worker has been fired. In such cases, there are specific situations where the injured worker can receive these benefits even after being terminated.

How to Qualify

There are steps you must take to ensure your eligibility for workers’ compensation benefits in California. They include:
- Let your employer know about your injury promptly, and if it worsens, disclose it once you are sure your work caused it.
- Undergo medical care and follow your doctor’s recommendations religiously; rejecting a doctor’s recommendations can worsen your condition and decrease your payout.
- Complete and utilize the insurance claim forms your employer asked you to submit; human resources can help out here.

What You Must Prove

The entire process of claiming workers’ compensation benefits after being fired can be difficult and quite challenging. Nevertheless, if you can establish the following components, and with the help of a good lawyer, you can reclaim those benefits:
- Show that you did have a bodily impairment, whether it is temporary or permanent
- Prove that you had that accident while you were working and that it is within the scope of your job
- Establish that you would not have suffered those injuries if you had not worked at that job

Payments You Can Receive

You can recover several workers’ compensation payments if you can successfully prove that you are eligible despite your termination. Apart from these, your former employer can also face fines, among other consequences, like redesigning their company's safety program. With that said, the workers’ compensation payments you can get after termination include:
- Court costs
- Attorney fees
- Medical expenses
- Disability costs
- Vocational rehabilitation cost
- Any unpaid amount

Workers’ Compensation: Challenges You May Face

There are certain legal concerns when it comes to workers’ compensation benefits in California, including what is and is not covered. Regardless of who caused the employee’s injury, the workers’ compensation scheme is designed to relieve injured employees.

As such, the compensation benefits cover their accidents, provided they are related to and within the scope of the employee’s job. Examples of injuries covered by the California workers’ compensation scheme include:
- Chronic stress disorders
- Multiple trauma injuries
- Diseases or illnesses that gradually develop due to poor working conditions
- Traumatic body damage

Injuries that California workers’ compensation benefits do not cover include:
- Self-inflicted wounds, including fight-inflicted wounds
- Injuries due to the employee’s violation of company policies
- Injuries caused by a significant illicit activity or offense
- Injuries caused by the employee’s carelessness
- Injuries sustained due to the influence of drugs or alcohol

Conclusion

Workers’ compensation benefits are an essential safety net for employees injured on the job, ensuring they receive the support they need for medical care, lost wages, and more. Even if you've been fired, you may still qualify for these benefits under specific conditions. Understanding your rights and following the proper steps are crucial to getting the compensation you deserve. If you face challenges in the process, seeking help from an experienced attorney can provide the guidance needed to secure the best outcome. Remember, workers’ compensation exists to protect you—don’t hesitate to use it when you need it most.

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Posted - 12/18/2024