Workers' Compensation
About WORKERS' COMPENSATION
Workers’ compensation laws allow employees to receive benefits for injuries that happen from work. It is important to determine how many injuries an employee has suffered, and what body parts were hurt in each injury. These issues relate to what benefits are provided. Through WC structure, employees have the right to compensation for their current and future medical costs, lost wages, and permanent disability. Unfortunately, California’s workers compensation laws can be complex, and often times an injured employee’s claims are disputed or settled quickly for the least amount of money.
In California, workers’ compensation is mandatory for all employers. Workers’ compensation laws allow employees to receive benefits for injuries that happen from work. It is important to determine how many injuries an employee has suffered, and what body parts were hurt in each injury. The injuries relate to what benefits will be provided. An injury at work can occur in two forms.
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Through the WC structure, employees have the right to compensation for these injuries for their current and future medical costs, lost wages, and permanent disability. Unfortunately, California’s workers compensation laws can be complex, and often times an injured employee’s claims are disputed or settled quickly for a low amount.
At Maverick Law, we will fight these disputes and advocate for you to receive full and fair compensation for the hardships you suffered as a result of your injury.
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.
If you have hurt yourself from your current or prior employer, call or email us now to talk about your case!
