Work Comp Help

It’s scary because most people have not had to go through it and only know about it through second, third and fourth hand stories, most of which are incorrect and without a factual basis.

Employers too, are woefully uninformed about the system and make workers feel as though they are criminals for filing a claim.

Hopefully, this section will give you some information and knowledge about the workers’ compensation system.

It will not tell you everything, but you will know at least a few new things and the more you know, the less scary the system will be if you have to go into it.

Choose your own doctor in advance!

Be prepared isn't simply a motto. They are words to survive by. Employees in California are permitted and encouraged to designate a doctor to be their primary care provider before a workplace illness or injury occurs.

Workers’ Compensation is a “no-fault” system.

There is no “fault” to be proven in most workers’ compensation cases.

The program was established to give employees injured at work a system that would somewhat take care of them, their medical expenses and prevent lawsuits against employers.

You do not need to prove that your boss or a co-worker did something wrong to claim and get workers’ compensation benefits. In most cases the fact that you are injured while or as a result of working, is all that is needed.

Workers’ compensation is a right, not a benefit.

The State of California requires that employers maintain workers’ compensation coverage for all of their employees.

The Work Comp system is designed to give injured workers money during the time that they cannot work.

The amount is two-thirds of the average weekly wage, up to a maximum of $720 per week.

While this is tax free, it is still not a lot of money and often less than the injured worker was getting when working.

Report every injury!

Employees tend to ignore minor injuries, either due to embarrassment or fear that their jobs will be jeopardized.

Don’t be! Your employer is required to respond with a claim form for all injuries. If it is minor, nothing happens. If it is major, you have protected yourself and started the clock running for the insurance company to admit or deny your injury.

Local 324 has the following WC attorneys that we recommend.