What an Injured Worker Should Know About

California Workers' Compensation Law

Workers compensation is a benefit program that employers are required by law to make available to employees who are injured on the jobWorkers’ Compensation benefits can include:

• Medical care
to help you recover and for your future care
• Temporary disability (TD)
to help offset lost income while you are out of work and recovering.
• Mileage
for travelling to and from doctors, and to certain legal proceedings.
• Permanent Disability benefits
to compensate you for the portion of the injury you will not be able to recover from.
• Vocational Rehabilitation
to retrain you for a new career

What should I do if I get hurt on the job?

If the injury or illness occurred gradually, report it as soon as you determine that it was caused by work, or that work was a contributing factor.  If you are afraid of losing your job, call a lawyer for help.

The form is called "Employee Claim for Benefits". Ask your employer for the form.

Don't ignore the problem because you are afraid of losing your job.
Your employer may require that you go to its doctor.
Be sure to tell the doctor that your injury or illness is job related and that this is noted by him/her in writing.

Other benefits to which you may be entitled

•  State Disability Insurance (through Employment Development Dept.)
•  Social Security Disability Insurance
•  Private Short Term and/or Long Term Disability

Other claims you may have

• wrongful termination action in civil court
• discrimination in employment on the basis of race, sex, national origin, religion, etc.
includes sexual harassment
• accommodation under Americans with Disabilities Act or handicap discrimination
• ERISA retirement, disability, medical and other benefits under a federally regulated employee benefit plan

Advantages of hiring an attorney

• finding the right doctors
• make sure they bill your employer’s insurance carrier, not you.
• plan a strategy for your case
• advise you about other possible claims

When Should I consider hiring an attorney?

•  you believe you are being treated unfairly
• you injury is very serious
• you have unanswered questions

How do I pay for an attorney?

• You pay a percentage of your permanent disability award.
• If there is no recovery, there is no fee
• There is no out-of-pocket cost

How do I choose an attorney?

• Contact a local bar association or the California State Bar for a referral
• Find an attorney with experience in workers’ compensation
• Make sure you feel you will be able to communicate well with your attorney
• Contact the  Law Offices of Worthington

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