Every day, workers from all types of professions face hazards on the job. Whether it’s an accident or illness, no one should have to fear being injured or falling ill at work. Unfortunately, accidents happen all the time. In the event of an injury or illness due to work conditions, California workers are entitled to workers’ compensation. Don’t get stuck struggling to earn money without a steady income while medical bills stack up; or worse, suffer loss of mobility due to injuries or illness.
At RK Legal, our team of workers’ compensation attorneys will help you navigate the complexities of the legal system, listen to your concerns and needs, direct you to the best medical treatment available, and advocate for your rights.
We have comprehensive knowledge and experience in California’s workers’ compensation laws and have prosperously helped many California workers recover what they are owed. If you need help finding the proper medical care, recovering lost wages, or seeking long-term disability benefits, RK Legal is here to fight for you.
Who is Entitled to Workers’ Compensation in California?
Workers’ compensation benefits mean workers are protected if they become ill or injured as a direct result of their jobs. These benefits include medical care, physical therapy, disability payments, lost wages, and death benefits.
All California employers must provide workers’ compensation benefits to their employees under California Labor Code Section 3700. If a business employs one or more employees, the business must provide workers’ compensation coverage for each of those employees. In California, workers’ compensation benefits apply to all workers, including part-time employees. Failure to have workers’ compensation insurance in the state of California is a criminal offense.
If you are injured in a workplace accident, suffer from an illness, or any medical condition related to your employment, you are likely entitled to workers’ compensation benefits. Workers’ compensation benefits include, but are not limited, to catastrophic injuries arising from traumatic on-the-job accidents, cumulative trauma, repetitive motion injuries, overexertion and overuse injuries, stress, anxiety, or depression due to the actual events at work such as harassment, bullying, etc., and occupational diseases caused by working conditions such as cancer, asbestosis, and more.
Workers’ compensation “death benefits” are available to a worker’s family if that worker suffered death due to an injury or illness in the course and scope of their employment. California provides death benefits to a deceased worker’s dependents, which include: children, spouse, siblings, parents, grandparents, aunts and uncles, nieces and nephews, certain adult dependents. Additionally, the insurance company is required to pay for all reasonable expenses related to a deceased worker’s burial. For injuries that result in death after 2013, the maximum amount for burial expenses is $10,000.00.
If you are a covered employee and can prove that your injury, illness, or medical condition is related to your employment, you can file a workers’ compensation claim.
Workers’ Compensation Benefits
Our number one goal at RK Legal is to help minimize your stress and uncertainty in every case we handle. RK Legal provides comprehensive legal representation in a wide range of areas. We have handled all types of work-related injuries and illnesses. We will communicate with you how your case is likely to be settled while providing you with all the workers’ compensation information you require.
- Medical Expenses: Workers’ compensation pays for all “reasonable and necessary” medical treatment and related expenses. You must be treated by a doctor within your employers’ Medical Provider Network (MPN) and will receive standardized care according to set medical guidelines. However, you will not be responsible for any expenses related to this care, including co-pays, medication costs, and transportation to and from medical appointments.
- Temporary Disability: Workers’ compensation also pays temporary disability benefits while you are unable to return to work due to your injury or condition. Temporary disability is available when your doctor determines that you cannot work due to your injury, and your employer does not offer suitable light-duty or modified work. You are entitled to temporary disability benefits until you return to work, are cleared to return to work, or your condition stabilizes, and you become eligible for permanent disability benefits. Temporary disability benefits are payable for a period of no more than 104 weeks within five years from the date of your injury.
- Permanent Disability: Permanent disability benefits are available when your work-related injury or condition results in lasting impairments that prevent you from returning to work at full capacity or at all. Your doctor will provide you with an impairment rating between 0 and 100%; if you are between 1 and 99% impaired, you can receive permanent partial disability (PPD) benefits. If you are 100% impaired, you can recover permanent total disability (PTD) benefits. If you are between 70 and 99% impaired, you are entitled to receive a life pension benefit.
- Job Displacement: Some injured employees who cannot return to work are entitled to receive job displacement benefits. These benefits are paid in the form of a supplemental job displacement voucher, which can be used to offset certain costs associated with job retraining, such as educational and training course fees, licensing costs, resume and/or job placement services, job-related tools, and computer equipment. You can only receive job displacement benefits if your employer does not offer alternative, modified, or regular work that pays at least 85% of your prior salary, lasts at least one year (12 months), and which is within a reasonable distance from your home.
California also pays workers’ compensation death benefits when an employee dies due to work-related injuries, illnesses, or medical conditions. These benefits are paid to eligible dependents, partial or total, including the deceased employee’s spouse. The California workers’ compensation system also provides compensation for funeral or burial costs up to a certain amount.
Appealing Denied Workers’ Compensation Claims
If your workers’ compensation claim is or was denied, you are allowed to appeal the decision. Workers’ compensation claims are denied for many reasons, from disputes over coverage, to missing information or failure to report the injury. If your claim was denied, don’t worry!
At RK Legal, we help injured employees appeal denied workers’ compensation claims and seek the fair benefits they deserve. The appeals process is complex and lengthy; so, working with our attorneys will help improve your chances of a successful outcome. You will need to complete and submit various forms and paperwork, gather evidence in support of your claim, and attend a workers’ compensation appeals hearing. Our team can help you prepare your appeal and ensure your rights are protected throughout the process.
Why You Should Hire Our Workers’ Compensation Attorneys
Although you may be entitled to worker’s compensation benefits by law, recovering those benefits is not guaranteed. You need an experienced and knowledgeable team of attorneys on your side who can help you navigate the process and avoid making mistakes that may jeopardize your claim.
Our clients at RK Legal benefit from our recognized reputation for delivering positive results, as well as our commitment to treat everyone with dignity, respect, and compassion. We have made it our mission to help restore one’s quality of life by obtaining benefits as quickly as possible. Time and time again, we have proven our ability to advocate for the maximum amount of compensation available under the law.
- Making an initial report of the injury
- Filing workers’ compensation claims
- Gathering evidence and submitting paperwork
- Handling disputes with employers and insurance companies
- Obtaining approval for proper medical care
- Negotiating fair disability ratings
- Managing issues involving pre-existing conditions
- Appealing denied workers’ compensation claims
Fight For Your Rights
RK Legal’s workers’ compensation lawyers are available to assist you 24 hours a day, 7 days a week. We provide legal services in English, Spanish, and Armenian. Furthermore, you owe no attorney fees unless we recover and/or secure benefits for you. You will never be asked to pay a dime because we personally take on expenses related to investigation, costs of deposing medical experts and the like. You have nothing to lose by hiring RK Legal to handle your workers’ compensation claim.
At RK Legal, we prioritize transparency, communication, and customer service and will be there to provide the personalized legal representation you need every step of the way. We draw on an extensive background in activism and social justice when fighting for the rights of our clients, and we are not afraid to try cases in court whenever necessary.