Bay Area Workers' Compensation Attorneys

Eligibility for Workers’ Compensation in California

In the state of California, all employers with at least one employee are required to provide workers' compensation insurance, covering full-time, part-time, and seasonal workers. There are only a few exceptions to this rule. To determine who qualifies for workers' compensation in California, it is easier to consider who is not eligible for benefits.

The following types of workers in California do NOT qualify for workers' compensation:

• Independent contractors
• Individuals working for aid instead of wages
• Domestic workers related to their employers
• Certain volunteers
• Deputy sheriffs and deputy clerks
• Student-athletes participating in amateur events
• Amateur sports officials

While this list is not exhaustive, very few other workers are not covered by the California workers' compensation system. Generally, if you are an employee and sustain an injury at work or while performing work-related activities, you are likely eligible for benefits.

Available Workers' Compensation Benefits

The workers' compensation system aims to provide individuals injured at work or afflicted with work-related medical conditions with monetary benefits to help alleviate the financial losses associated with their injuries or illnesses. This system operates on a no-fault basis, meaning you do not need to prove your employer's negligence or fault for your work-related injury.

You simply need to demonstrate a connection between your work and the injury or illness. In exchange, you are generally prohibited from suing your employer after a workplace accident or injury, except in specific and rare circumstances.

In California, eligible employees may be entitled to the following workers' compensation benefits:

Medical Care: Workers' compensation covers all medical expenses related to the treatment of your work-related injury or illness, including initial emergency care, hospitalization, surgery, therapy, rehabilitation, medications, medical equipment, and ongoing costs. Medical care benefits also include reimbursement for mileage to and from medical appointments.

Temporary Disability: If an employee cannot temporarily return to work due to a work-related accident, injury, or illness, workers' compensation provides temporary total disability (TTD) benefits. These benefits amount to two-thirds of the injured employee's average weekly wage and are limited to 104 weeks (within a five-year period) from the date of injury.

Permanent Disability: Injured employees may be eligible for permanent partial disability (PPD) and/or permanent total disability (PTD) benefits if their work-related injuries or illnesses result in permanent impairment. PPD and PTD benefits are calculated based on the employee's impairment rating, among other factors.

Supplemental Job Displacement: Also known as "vocational rehabilitation" benefits, supplemental job displacement benefits are available when an employee can no longer work in their previous occupation after reaching "maximum medical improvement" (MMI). Eligible employees may receive a voucher worth up to $6,000 to cover the costs of retraining.

Life Pension: Employees who experience severe but not total disability, with an impairment rating of 70-99%, may be entitled to life pension payments through the workers' compensation system. These individuals receive a small supplemental weekly payment for the rest of their lives.

Furthermore, if an employee dies due to a workplace accident, job-related injury, or illness, their surviving spouse and/or dependents may be eligible to receive death benefits through the California workers' compensation system. These benefits cover funeral and burial costs, as well as lost income, wages, earnings, and other employment-related benefits.

How Can an Attorney Assist with My Workers' Comp Case?

Even if you are fully entitled to workers' compensation benefits, recovering those benefits can be challenging. Many initial claims are denied, and others face disputes or reductions/terminations of benefits by insurance companies seeking to protect their financial interests. Filing a claim can be confusing and overwhelming, particularly when you are focused on receiving necessary medical care and working toward physical recovery.

At Pacific Workers', The Lawyers for Injured Workers, workers' compensation is our sole focus. We dedicate our firm's resources to helping injured workers fight for the benefits they deserve, enabling them to regain stability. With over 130 years of combined experience and a 98% success rate, our Bay Area workers' comp lawyers possess a deep understanding of the system and adeptly navigate the process of filing claims to secure the maximum benefits you are entitled to.

We are committed to supporting you every step of the way. Our Bay Area workers' compensation attorneys are available to meet with you, discuss the specifics of your case, and address any questions you may have. Please don't hesitate to reach out to us for a no-cost, no-obligation consultation.

Call our Bay Area workers' comp lawyers at (888) 740-6434 or submit an online request form today.