Protecting Individuals.
Prioritizing Recovery.

How workers’ compensation works

On Behalf of | Jan 12, 2022 | workers' compensation

Injuries happen at the workplace. Some jobs come with more significant risks of injuries than others, but no worksite is entirely safe. A person working on top of building roofs faces far more chances of serious injuries than the average office receptionist, but a receptionist may slip or fall merely getting up from a desk. Any injury suffered at work could lead to missed days at work. A severe injury might leave someone out of work for months or even permanently. Thankfully, California workers’ compensation laws may provide helpful financial support.

Workers compensation and its benefits

Workers’ compensation is an insurance program that covers employees hurt on the job. With workers’ compensation, injured employees file a workers’ comp claim to cover medical bills and lost wages while the person recovers. Permanent injury and even death benefits may also be available under workers’ comp laws.

The workers must be employees and not independent contractors to apply for benefits. However, independent contractors may file personal injury suits against a negligent employer. However, employees generally lose the right to sue an employer upon filing for workers’ compensation.

The no-fault element of workers’ compensation

Workers’ compensation laws and rules come from state-level legislation and regulation. Each state may have its own nuances and particulars about workers’ comp rules, with some, such as California, falling under the category of a “no-fault” worker’s comp jurisdiction. That means the worker does not need to prove someone was at fault for the injury to claim benefits.

In some cases, employers might not be immune from personal injury suits even when the employee files for workers’ comp, such as when the injury results from a deliberate, intentional act. Also, third parties receive no protections from personal injury suits, so they may face lawsuits when an employee suffers harm due to negligence.


RSS Feed