What are an employee’s rights under workers’ compensation laws?

Employees in California are entitled to receive workers’ compensation benefits if they are injured on the job. This might not be universally known by many workers. However, the California Labor Code states that all employers that have at least one employee must have workers’ compensation insurance. If there is an injury on the job and the employer did not have workers’ compensation insurance, the employee might be able to file a claim because of that.

California’s workers’ compensation system is a no-fault system. This means that after an injury, the employee does not need to prove the employer was responsible for the incident in order to be granted benefits. The idea behind workers’ compensation is to protect both sides. The no-fault system is designed to avoid litigation in the event of a worker being injured on the job.

There are three structures to workers’ compensation. They are the benefit structure, the benefit delivery system and the benefit financing system. The benefit structure details what a worker can receive after being injured on the job. The benefits include medical treatment; temporary disability benefits; permanent disability benefits; vocational rehabilitation benefits; and death benefits. The benefit delivery system is provided by a private insurer selected by the employer. The state can enforce the insurer’s obligation to provide the benefits required by law. Employers can finance the benefits through self-insurance, private insurance or state insurance.

Workers who were injured on the job and were denied workers’ compensation benefits have the right to protest the denial. If they complain about an employer not providing workers’ compensation, they are protected from retaliation. When there is a problem with getting what a worker is entitled to, an experienced employee rights attorney can help.

Source: business.ca.gov, “Obtaining Workers’ Compensation Insurance,” accessed on May 31, 2016

Archives

FindLaw Network

Our Office Locations

Phone Numbers:
Local: 619-528-2530
Local: 858-481-4956
Local: 760-431-2010

San Diego Employment Law Group Attorneys at Law
3517 Camino Del Rio South
Suite 400
San Diego, CA 92108

Map and Directions

Del Mar Heights Office
12707 High Bluff Drive
Suite 200
San Diego, CA 92130

Map and Directions

Carlsbad Office
701 Palomar Airport Road
Suite 300
Carlsbad, CA 92009

Map and Directions

The firm provides a free initial consultation with a highly experienced employment law attorney. Please phone to set up an appointment.