Frequently Asked Questions About Los Angeles Workers’ Compensation Law

faqs on workers compensation law

Did you know that workers’ compensation is the oldest social insurance program? California and most other states adopted this law in the 20th century. Injured employees do not have to prove their injury as another person’s fault to get workers’ compensation benefits for an on-the-job injury. Hence, it is a no-fault system.

In today’s post, I will answer the most-asked questions related to workers’ compensation law in Los Angeles. Without further adieu, let’s dive in.

How Much Do Workers’ Comp Lawyers Charge in California?

Workers’ compensation lawyers work on a contingent fee basis. It means you do not owe them any money if you lose the case. If you receive a settlement amount or award of benefits, the lawyer generally gets 15% of it.

This percentage is paid from the compensation benefits. In some cases, the employer may need to pay the fee. In many cases, the 15% depends on the permanent disability award.

How Much is the Average Workers’ Comp Settlement in California?

The average workers’ compensation settlement in California is between $2,000 and $20,000. The amount depends on the accident and injury’s severity. For example, an individual who has suffered severe injuries like spinal cord or brain injuries is likely to receive a higher compensation amount than those who suffer minor cuts or broken bones.

How Long Does it Take to Settle Workers’ Comp Case in California?

Typically, workers’ compensation cases are settled within 30 days in California. The insurance company should take responsibility immediately, and you may need to appear for an informal hearing from a judge. The judge will ensure that you understand the terms properly and that the settlement agreement is just. You should get the money within 30 days after this process.

Do Workers Comp Protect Your Job in California?

California has an anti-discrimination provision. Under Section 132a of the California Workers’ Compensation Code, it is not legal for an employer to fire an employee because of a work injury.

The state does not have a law asking employers to reinstate injured workers when they are set to work or get them new jobs if they cannot do their previous job.

Does Workers Comp Pay Full Salary in California?

According to California workers’ compensation law, if you become injured on the job, you are entitled to get two-thirds of your pretax gross wage. The state law sets this and also has a maximum allowable amount. For instance, the maximum allowable amount in 2018 was $1,215,27 per week for permanent disability. Every year, this amount is adjusted.

What Are My Rights Under Workers’ Compensation in California?

If you get sick or hurt because of work, your employer should pay for workers’ compensation benefits. This compensation insurance provides primary benefits like:

  • Medical care
  • Permanent disability benefits
  • Temporary disability benefits
  • Return-to-work supplement
  • Supplemental job displacement benefits
  • Death benefits

Who Pays for California Workers’ Compensation?

If you have a work-related illness or injury, your employer should pay for workers’ compensation benefits.

Can I Sue My Employer for Pain and Suffering California?

While Californian employers get robust protection from workplace injury liability, the protection is not supreme. If your employer knew doing a specific thing could injure you and still did it, and it resulted in your injury, you can sue them outside of workers’ compensation.

For example, if they improperly modify a piece of machinery that hurt you, you can hold them liable. If they get angry and hit or push you, which causes injury, your case may change from workers’ compensation to personal injury.

Can I File Workers’ Compensation for Stress California?

According to California law, you can seek compensation for various disabilities that occur due to work-related mental stress. Psychological stress can lead to physical or mental disorders.

How Long After a Work Injury Can You Sue in California?

You have two years from the date of injury to sue in California. However, if you cannot identify the injury immediately, you have one year from the injury date. Other deadlines include:

  • Two years from the date of breaking an oral contract
  • Four years from the date of breaking a written contract

What is the 90-Day Rule for Workers Comp in California?

You have a timeline of 90 days to hear whether your employer accepted or denied your claims. The 90 days are counted from the date the claim form is given to the employer. If you do not hear anything within 90 days, your injuries will be presumed to have been covered.

Final Words

I hope you have the answers to your workers’ compensation-related questions. If you have doubts or other concerns and need professional assistance, feel free to reach out. I’ll be happy to help.

Also Read: What Every Workers Must Know About Workers’ Compensation Law In California

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