I'm injured, but I don't want to sue my company. It's a small business, and my boss is great. I've worked there for ten years, and we're like family.” At Pacific Workers', The Lawyers for Injured Workers, we hear stories like that all the time. Sometimes, work-related injuries happen by the negligence of employers or managers. But more often than not, injured workers are hurt in accidents that weren't anyone's fault. They need treatment and disability payments while they recover.
If you've been injured at work but are nervous about filing a Workers' Compensation claim because you're afraid to hurt your employer, there's good news: when you file a Workers' Compensation claim, your employer generally isn't the one paying.
If your employer isn't responsible, who pays for your Workers' compensation claim?
Workers' Compensation is a no-fault benefits delivery system. Your employer purchases insurance to protect you and your coworkers in the event of a workplace injury. In the state of California, this insurance is mandatory. When work-related injuries happen on the job, you mostly can't take legal action against your company in civil court, but their insurance company is responsible for paying for your benefits and care. As with car insurance, your company may see their premiums rise after an accident, but they won't typically have to pay for your TTD, medical care, or additional Workers' Compensation benefits.
What if your boss is uninsured or under-insured?
If your boss doesn't have Workers' Compensation insurance, which is illegal, the state of California steps in and pays for your Workers' Compensation claim from a special fund. The state fund may come after your employer to recover that money. If your employer's policy isn't sufficient to cover the number of employees or the risk level of your job, which is a form of insurance fraud, the insurance company must still take care of you. They, too, will have recourse to recover money from your employer.
If you truly have a great employer, they will want you to get the help and benefits you need in case of work-related injuries, and they won't be paying for it. File your Workers' Compensation claim today without fear.
About the author
Bilal Kassem President and Co-founder
Bilal Kassem, is the co-founder of Pacific Workers. Bilal has been nominated for Applicant Attorney of the Year. His passion for helping injured workers brings his leadership with his team to assist with empathy and world-class customer service. He fosters a supportive atmosphere, which is why each one of his team members feels empowered to excel. With a 98% success rate at Pacific Workers, Bilal is on a mission to continue to educate and serve any injured worker in CA.