Did you know that there are laws and regulations on workers’ compensation laws in California? Here are some of the codes that you may want to familiarize yourself with and what they could mean for you:
- If you want to report your injury or illness to your employer: Labor Code sections 5400, 5402(a)
- For information on the legalities of the workplace and how it is illegal to discriminate against an injured worker due to their injury: Labor Code section 132a
- The fact that employers must ensure access to emergency medical services: Title 8 regulations, section 3400
- Injury and Illness Prevention: Labor Code section 6401.7
- Workers’ compensation benefits regardless of who was at fault: Labor Code section 3600(a)
- If you receive workers’ compensation you cannot sue your employer, but there may be exceptions: Labor Code sections 3602, 3706, and 4558
- Employer is responsible for forwarding the completed claim form to claims administrator and give injured worker a copy: Title 8 regulations, section 10140(a)
- Claims administrator must authorize medical treatment within one working day after claim form is filed: Labor Code section 5402(c)
- If an employer did not post information about your workers’ compensation rights, you have a right to be treated by your personal physician: Labor Code sections 3550(e) and 4616.3(b)
- When a decision is made to deny treatment and this decision needs challenged: Labor Code sections 4062(b) and (c)
- If there are medical reports and work restrictions necessary during recovery: Labor Code section 4061.5
- When a worker is offered regular work: Form DWC-AD 10118
- When a worker is offered modified or alternative work: Form DWC-AD 10133.53
What are some other things I might need to know about workers’ compensation laws?
- Benefits are provided for on-the-job injuries that happened by accident. This means it occurred in the course of employment.
- There are certain people considered to be “employees.” If you have a discrepancy of whether or not you are an employee or an independent contractor, you may have to read up on the laws.
- Fault usually isn’t an issue; in some cases negligence may be at play, but you will receive benefits regardless.
- When you decide you are going to apply for workers’ compensation, you give up the right to sue the employer.
- Workers’ compensation benefits are ONLY payable for work-related injuries
- The workers’ compensation system is administered by a state agency.
Laws regarding what should happen when an injury takes place:
- There should always be a response to the injured employee. Assistance should always be given, facts should be considered, and the employee should be made aware that there is a system available to help take care of them and their injuries.
- First aid should be given and medical attention should be administered if necessary. The employee should be accompanied to the medical provider.
- Document the accident by writing down what happened within 24 hours of the incident. It should be explained to the employee which benefits are available.
- Always follow up with the employee to file an accident report.
If you need an experienced attorney on your side that knows the ways around workers’ compensation laws, you can call Welebir | Tierney for more information. Schedule a consultation and see what you can do about receiving your benefits.
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