What is workers’ compensation?
In short, workers’ compensation is a compromise – created and enforced by law -- between injured workers and their employers. In return for guaranteed compensation for workplace injuries, employees give up their right to sue their employer for negligence. Like all compromises, workers’ compensation isn’t perfect. Employees typically receive limited coverage, often far less than a jury would award after a successful litigation. On the other hand, they don’t run the risk that they will see no recovery for the harm they have suffered.
Are employers in California required to offer workers’ compensation insurance?
Yes. If a company hires even a single worker – permanent or temporary; independent contractor or not – they need to carry workers’ compensation insurance. It’s not optional. It’s the law. In fact, failure to provide workers’ compensation is a criminal offense under the California Labor Code, punishable by a fine of up to $10,000 and/or imprisonment in the county jail for up to one year. There are civil penalties, too, and these can range up to $100,000.
What expenses and damages does workers’ compensation cover?
Benefits under workers’ compensation may cover some, or all, of the following categories, depending on the circumstances of the case:
- Medical expenses – costs for treatment, doctors, hospitals, medication, and so on
- Vocational rehabilitation – the cost of any re-training and physical therapy needed before you can resume your old job, or, if unable to perform your old duties, learn a new trade or skill
- Disability coverage (permanent or temporary) – in order to help support you while you are recovering (or permanently if you are unable to ever go back to work), you might be entitled to a percentage of the pay you had been receiving before your injury.
What isn’t covered by workers’ compensation?
Injured workers cannot recover for their pain and suffering when their claim falls under workers’ compensation.
If my injury is covered by workers compensation, does that mean I cannot file any other legal claim
Under the ‘bargain’ struck by the workers’ compensation law, employees forgo their right to sue their employer for any harm they suffered due to a workplace injury. However, there may be other parties – a subcontractor or site owner, for example – whose negligence may have contributed to your injury. In such a case, you can bring a suit against those companies or individuals even if you are collecting workers’ compensation benefits. Do note, however, that if you ultimately receive an award or settlement, the insurance carrier paying your workers’ compensation benefits may be entitled to recoup some, or all, of its costs, and this will be deducted from your recovery.
Why is it important to work with a lawyer experienced in workers compensation law?
Lawyers well versed in workers’ compensation law don’t just help an injured employee get the benefits to which he or she is entitled. Just as importantly, they can determine when a claim isn’t covered by workers’ compensation – and when a civil suit is the appropriate course of action. They can also determine if any third parties may have some responsibility for the injury, and whether a civil suit is appropriate against them. These are important considerations, as workers’ compensation is a relatively minimal recovery, and injured workers can often see far more reasonable results via civil litigation. At Mary Alexander & Associates, we’ve been helping injured workers for over 25 years, and we’ve built a record and reputation by mastering the nuances of workplace injury law – and getting our clients the best possible recovery.
