California Worker's Compensation Programs
Employers in California are legally required to purchase workers' compensation insurance for their employees to cover job-related injuries. The state also provides a special Uninsured Employers Benefits Trust Fund helping employees who sustain injuries working for an employer without insurance. The Trust Fund pays injured employees and begins collection efforts against the noncompliant employer. Benefits received through both types of programs are generally the same and both provide injured employees with medical and cash benefits.
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Initial Qualification
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California employees who sustain on-the-job injuries qualify for the state's workers' compensation benefits. To qualify for benefits, employees must report their illness or injury within 30 days of sustaining the injury. Employers have legal duties to provide injured employees with a Workers' Compensation Claim Form within one day of the notification. Both employers and employees must complete the claim forms and submit them to designated claims administrators, insurance companies or to their personnel departments. Employers must accept or deny claims. Employees have rights to appeal their denials and rights to immediate treatment for medical injuries during this waiting period. Employees may appeal their claims with the California Workers' Compensation Appeals Board.
Benefit Types
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Employers are required to pay injured employees' medical care to help them recover from their job-related injury or illness. Injured workers can also receive temporary disability benefits while they are unable to work and may qualify for permanent disability benefits if they sustain permanent injuries and are not able to recover from them. For workers injured after 2004, California also provides them with supplemental job displacement benefits. Injured workers can use the vouchers to help them obtain job training to enhance their skill set allowing them to return to work. The state provides death benefits to dependents of workers killed from a job-related injury or illness.
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Receiving Compensation
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Employees may sue their employers who illegally deny their claims, refuse to purchase insurance or refuse to pay for portions of their medical treatments. The California civil courts allow employees to file claims without requiring them to go through a lengthy administrative appeals process. In California, all employees, even undocumented or illegal employees can receive at least medical benefits from their employers or through the state's Trust Fund.
Free Workshops
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The Division of Workers' Compensation conducts free public one-hour seminars to help California residents learn about their rights to disability compensation for jobsite injuries, helps residents calculate their compensation benefits and helps them resolve disagreements or issues. The Division conducts the workshops in about two dozen locations across California, and the monthly schedules are published on the Division's website (see Resources).
Considerations
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Since employment laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
Resources
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