Modesto Workers’ Compensation Attorneys

Who Qualifies & Doesn’t Qualify for Workers’ Comp?

California uses broad employment law protections that guarantee workers’ compensation coverage for nearly all workers in the state. If a company employs at least one person, then that employer must purchase state-approved workers’ compensation insurance to cover eligible workers, including full-time, part-time, seasonal, and first-day workers.

You should qualify for workers’ compensation if you were injured:

• While completing a job-related task; and/or,
• Due to your typical job expectations.

Not every worker in California is owed workers’ compensation through the law, though. Independent contractors typically are not eligible for workers’ comp, especially if their injury did not force them to lose wages.

What Happens If You Cause Your Work Injury?

Workers’ compensation is a no-fault-based insurance system, which means that it isn’t required to prove fault for the injury or accident for a claimant to be eligible for benefits. Due to this important factor of the California workers’ comp system, you can fully admit that your mistake caused your workplace injury or accident without risking your workers’ comp coverage. An exception will likely apply if you intentionally tried to get hurt, though.

Importantly, the no-fault insurance system of workers’ compensation also means that your employer can’t usually be held liable for your injuries or losses. You likely won’t have the option to file a claim directly against your employer, even if they acted negligently and contributed to your accident. 

What Workers’ Comp Benefits Are Available?

Workers’ compensation benefits available to injured workers in Modesto typically include:

• Medical cost coverage: The full cost of your medical treatments related to your work injury should be covered, including treatments that are necessary months or years in the future.
• Wage replacement: If you cannot return to work while you are recovering, you could be eligible for temporary or permanent disability pay benefits, which can equal a portion of your average wages or be based on the severity and type of disability you suffered.
• Vocational retraining: If you cannot return to your previous role but may be able to work in another role, even if that means leaving your current employer, you may receive vocational retraining benefits that help pay for necessary training, education, and certification courses.
• Death benefits: When a worker passes away from a work-related injury, immediate family members and dependents might be eligible to receive unique death benefits.

When Should You Report Your Work Injury?

You should try to report your work accident and injury as soon as possible. Even if you don’t think you need medical attention, you should tell your boss or employer right away. Furthermore, if you don’t notify your employer within 30 days of your injury, your claim could be challenged and dismissed more easily. 

Get Real Legal Support – Call Now

Want to get your workers’ compensation case started with a legal team you can trust? We invite you to click here to learn more reasons why locals commonly choose us to handle their workers’ comp cases. Of course, you can also talk to a Modesto workers’ comp lawyer from our team directly – just dial (888) 740-6434 at any time. 

Schedule a no-cost, no-obligation case evaluation today to get started.