Workers’ Compensation
About Workers’ Compensation
Workers’ compensation laws ensure that employees receive benefits for work-related injuries. It is crucial to determine the number of injuries an employee has sustained and which body parts were affected, as these factors directly impact the benefits provided. Under the workers’ compensation system, employees are entitled to compensation for current and future medical expenses, lost wages, and permanent disability.
However, California’s workers’ compensation laws are complex, and injured employees often face disputes or quick settlements that minimize their compensation. In California, workers’ compensation coverage is mandatory for all employers, and workplace injuries generally fall into two categories.
At Maverick Law, we fight for your rights and advocate to ensure you receive full and fair compensation for the hardships caused by your injury.
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types of WC injuries
Specific Injury
Occurs as the result of one incident or exposure during work. Some of the effects may be immediate while others effect may occur later on.
Examples of specific injuries:
1. An object has fallen off a shelf and landed on your foot, caused you an injury making you unable to work and needing to see a doctor.
2. Latent effects: An employee get into a heated argument at work and feels tremendous stress, but only days later suffers a heart attack.
Cumulative Traumatic Injury
An injury that did not occur as a result of a single incident; rather, it is an injury that has progressed over time caused by repetitive mentally or physically traumatic activities that happen over days, weeks, months, or years of one’s employment.
For example, a warehouse worker may notice her back and neck has been bothering her after years of working for her employer, until she complains and seeks out treatment.
How long do I have to file a WC claim?
A worker must file an Application for their injury within one year of the last payment of benefits or the date of injury, whichever is later. Otherwise, your time limit to file a claim may expired. However, there are certain exceptions that will still allow you to file a claim. We are here to help inform you and solve your case. Call us now!
Can I still file a claim if I no longer work for the employer?
Yes! In certain circumstances, a former employee can still file a claim for compensation by showing at least one of the following: the employer was notified of the injury before their employment ended; evidence of injury is shown in the medical records that existed before the notice of termination; the employee suffered the injury after he was notified that he would be terminated but before the effective date of termination; or the employee suffered an injury that came to be after the notice of termination.
