The unfortunate reality is that workplace accidents remain a significant public safety concern in California and throughout the nation. Employees in our state are protected by workers’ comp insurance coverage. After a job-related accident, you can file for workers’ compensation benefits.
There are plenty of myths and misconceptions out there about how exactly the workers’ comp insurance system operates. In this blog post, our Fresno work injury attorney highlights five things that you might not know about workers’ compensation claims in California.
- You Do Not Have to Prove Your Employer Was “At Fault” to Get Benefis
First and foremost, it is crucial to emphasize that California workers’ comp insurance provides no-fault coverage to people hurt on the job. In other words, you are not required to prove that your employer “caused” your accident through negligence or other improper conduct. Even if your company or organization did everything right, you can still claim workers’ comp benefits.
- Most Temporary and Part-Time Employees are Covered
Workers’ comp insurance coverage is not restricted solely to full-time employees. In California, most temporary workers and most part-time workers have a right to claim workers’ comp benefits for a job-related injury or illness. If you have any questions about whether you are covered by workers’ comp, our Fresno work injury attorney can help.
In California, workers’ comp insurance covers all medical care “reasonably necessary” to treat your injury, illness, or medical impairment. This includes things like doctors visits, prescription medication, and travel costs. You do not need to miss time on the job to have your medical care covered by workers’ comp insurance.
It is your absolute right to file for workers’ compensation benefits after an on-the-job accident. Under California Labor Code § 132a, employers are strictly forbidden from firing or otherwise taking adverse action against injured workers who file for benefits. Were your rights violated under LC 132(a)? Call an experienced Fresno, CA workers’ compensation attorney right away.
- You Cannot Sue an Employer—But Can Hold Them Accountable for Serious Misconduct
With few exceptions, workers’ comp is designed to be an exclusive remedy. In general, this means that an injured worker cannot file a personal injury claim directly against their own employer. Instead, they can claim workers’ comp benefits and sue any other third party whose negligence caused the accident. That being said, you can bring an additional type of legal action called a serious and willful misconduct claim if your employer violated a safety regulation or behaved in a grossly negligent manner.
Schedule a Free Consultation With a Workers’ Compensation Lawyer in Fresno
Were you hurt on the job in Central California? Workers’ compensation attorney Joseph C. Yrulegui is here to help you navigate the claims process. Call us now or contact us online today for a free, no strings attached initial consultation. Our law firm provides workers’ compensation representation in Fresno County and beyond, including in Fresno, Clovis, Selma Madera, Merced, and Chowchilla.