California’s Statutory Workers Compensation System

The workers’ compensation system is statutory in nature. This means that employers are required by law to provide employees with workers’ compensation benefits. For Californians injured in a work-related event, it is beneficial to consult with an experienced workers’ compensation attorney. An attorney will explain the benefits you are entitled to, and fight to get the maximum compensation for your injuries.

California's Statutory Workers Compensation System

California’s Statutory Workers Compensation System

An Injury Is Presumed To Have Occurred If Claimed In The State Of California

When an employee files a workers’ compensation claim in the state of California, the employer must presume that the injury occurred. This may seem like a simple or insignificant requirement, but don’t be deceived. In the past, an employer might have resisted a claim of an injury by an employee, perhaps contending that the injury occurred outside of the workplace or did not happen at all. Thus, the burden was placed on the employee to prove that the injury occurred at the workplace. Meeting this burden could be very difficult, especially in the eras prior to workplace cameras, or if there were simply no co-employee witnesses, or no co-employee witnesses willing to testify. In the time it took to settle the matter over the existence and legitimacy of a work-related injury, the employee was left without medical and disability benefits. This unfortunate state of affairs hurt employees both in terms of health and finances, and hurt the economy by delaying the return of productive members of society to the workforce. Fortunately, under the statutory model, employers are now required to presume that a claimed injury was work-related, and are therefore obligated to provide medical and disability benefits. An employer may attempt to rebut the presumption and prove that the claimed injury was not in fact work-related, but it is the employer’s burden (rather than the employee’s) to do so.

Employers Must Provide An Array Of Workers Compensation Benefits

The benefits an employer is obligated to provide vary in accordance with type of work-related injury claimed by an employee. First, there is medical treatment. This covers the cost of treating the employee’s injuries in the immediate aftermath of a work-related accident. In addition, medical treatment also covers procedures, medication, and rehabilitation required for recovery. During the medical treatment process, an employee will be evaluated by a physician to determine whether he or she suffered any temporary or permanent disabilities, and to what extent. Both temporary and permanent disabilities may be categorized as partial or total, and each categorization affects the type of disability benefits an employee may be eligible for, as well future medical treatment benefits.

What To Do If You Have Been Injured At Work In The State of California

If you have been injured in a work-related accident in the state of California, contact a California workers’ compensation attorney. An attorney will explain your legal rights, and fight to obtain the maximum compensation you are entitled to for your injuries.