Workers’ Compensation California

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Submitted by amm on

If you were injured while working in California, you can file a claim for workers’ compensation benefits. Workers’ compensation pays a portion of your lost wages as well as your medical expenses associated with your work-related accident. This is a closer look at workers’ compensation in California and how to pursue a claim after suffering a work-related injury.

How Does Workers’ Compensation In California Work?

If you are injured on the job in California and file a workers’ comp claim, you are entitled to receive two-thirds of your gross wages before taxes. As of 2022, the maximum allowable amount is $1,539.71 per week. Workers’ compensation payments are calculated by dividing your annual salary by 52. For example, if that averages out to $1,000 per week, your maximum weekly benefit would be $666. 66 per week since the benefit is two-thirds of your pre-taxed gross wages.

When there has been a workplace accident that has caused injury, you should seek medical care right away. You should notify your employer of the accident as soon as possible, so a claim can get underway. You should complete only the employee section of the claim form and return it to your employer. You must sign and date the form, so it can be processed. You will need to maintain medical bills, medical records, prescription receipts, and log miles to and from medical appointments.

Workers’ compensation will cover the cost of treating your work-related injury, so hospital bills, physician visits, physical therapy, and prescriptions will be paid by the insurer. It is your responsibility to make sure all medical expenses are documented and reported to the insurer and/or your employer in a timely manner.

Filing A Workers’ Compensation Claim In California

If you have suffered a workplace injury in California, you must follow proper procedures to get your workers’ compensation claim underway. Your workplace injury must be properly reported within 30 days of the accident, and you must have your claim filed within a year of that incident. You will need to complete the employee section of the claim form and return it to your employer. You will file an application for adjudication of claim with the Workers’ Compensation Appeals Board (WCAB).

Each step has a time limit. The clock starts counting down on the date of the injury. If you had a fall at work, the date is clear. If you have a repetitive trauma injury, such as a strain or an injury caused by cumulative trauma, or you have an occupational disease from workplace exposure, the date of injury is considered when you first missed work because of the condition or sought medical care for the injury or illness, and when you knew or when you should have known that your condition was caused by your job.

Conclusion

If you have been injured in a workplace accident in California, you have a limited time to file a workers’ compensation claim. Consult with a workers’ compensation attorney to learn how to get your claim underway in a timely manner.

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