Workers' Comp Law Overview
Understanding the law in regard to
workers' compensation claims and benefits is essential to ensuring you have the opportunity to make the right decision about your case. At Pacific Attorney Group, we offer a free initial consultation to talk to you about your particular case, but we have also included some basic information about workers' compensation law in California in order to help you stay informed in regard to your particular case.
By law, all employers in California are required to carry workers' compensation insurance, unless they qualify as an exception to the rule. Workers' compensation insurance covers all workplace accidents and injuries that are work-related. It is a no-fault system that provides different advantages to employees and employers. It offers employees the advantage of benefits for medical care and other issues regardless of who was at fault in causing their injury, and offers employees the advantage of being protected from civil lawsuits filed by employees who were injured at work.
When an employer receives a workers' compensation claim, it has up to 90 days to investigate and then move to deny or accept the claim. For injuries that occurred after January 1, 2005, the employer must pay for medical care for up to $10,000 during these first 90 days, however. During the investigatory stage of a workers' compensation claim, the employer may take a statement from the employee and may review the employee's medical records as well as take other actions to determine whether the injury was work-related.
In the event of a denied workers' compensation claim, an injured worker may file a petition for reconsideration with the Workers' Compensation Appeals Board in an attempt to still recover the benefits to which he or she should be entitled.
San Diego Workers' Compensation Lawyer
If you would like to learn more about California workers' compensation law and how our firm can help with your case,
San Diego workers' compensation lawyer
at our offices today.