Probably. If you are injured on the job while performing job duties in California, you are eligible for benefits under the Workers’ Compensation Insurance Program. If, however, you can no longer do your usual work because of an illness, injury or disabling condition (physical or mental) which is not directly related to your job, you may qualify for benefits from California State Disability Insurance (SDI), federal Social Security, or a disability insurance plan.
On-the-job injuries:
By law, all employers must carry workers’ compensation insurance. And for on-the-job injuries, it is usually your only avenue for assistance. You generally cannot sue your employer in civil court for injuries you suffer on the job unless your employer does not have workers’ compensation insurance. In such instances, you can sue your employer in civil court, and also seek temporary and permanent disability benefits from California’s Uninsured Employers Fund (UEF).
Employees injured on the job are generally entitled to some workers’ compensation benefits no matter how the injury occurred. For example, you could be injured by a piece of heavy machinery. Or you might be hurt in a car accident while traveling from one work-related meeting to another. Through this no-fault workers’ compensation system, an injured or disabled worker could be eligible for reasonable medical benefits, temporary and permanent disability payments, death benefits, a life pension, and vocational rehabilitation, depending on the nature of the injury and other factors.
Your benefits can be decreased if you were hurt in an accident caused by your own serious and willful misconduct. Or, if your employer knowingly put you in an unsafe situation that led to the injury, you could get a 50-percent increase in benefits. And if your employer refuses to pay your benefits, you might be entitled to penalty payments as well.
To apply for workers’ compensation benefits, simply notify your employer-in writing-as soon as possible, but no later than 30 days after the injury. Your employer has to supply you with a claim form, often called a DWC-1 form, within 24 hours of your employer’s learning of the injury. You must complete and file the claim form with your employer within one year of your injury. After you have completed the form, your employer must send it to its insurance carrier. (Keep in mind that there are deadlines for each step of this process.)
If your employer denies liability, file an Application for Adjudication of Claim with the Workers’Compensation Appeals Board. Medical examinations and opinions are vital at this point. Ultimately, your case could go to trial before a Workers’ Compensation Appeals Board judge.
You may want to consider hiring a workers- compensation attorney, especially if your injury is severely disabling or your employer is not treating you fairly. Workers- compensation attorneys may not charge you up front for their services. Instead, the Workers’ Compensation Appeals Board judge will award your attorney approximately 12 percent of your permanent disability award.
