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According to Occupational Safety and Health Administration (OSHA) an injury or illness is work-related if:

• An event or exposure in the work environment caused or contributed to the injury, or
• An event or exposure in the workplace significantly aggravated a pre existing injury or illness.

Here are some of the legal rights that California Injured Worker have:

• An injured person has the right to see a doctor and seek medical treatment;
• If the physician releases the injured worker, he or she has the right to return to their job;
• If the injury or illness prevents the worker from returning to work (either permanently or temporarily), they have the right to disability compensation;
• If the injured worker disagrees with any decision made by the employer or employer’s insurance company, or the workers’ compensation court, they generally have the right to appeal it;
• Injured workers have the right to pursue their worker’s compensation claims without fear of reprisal or harassment from their employers; in fact, there are penalties for employers who violate this right;
• You have the right to be represented by your Chosen Lawyers throughout the process.

Please Note: If your employer encourages you to use your own health insurance to pay for medical treatment of a workplace injury, you are within your rights to say no. It is also illegal for your employer to attempt to persuade you not to file a workers’ compensation claim, whether it’s through offering incentives or threats of retaliation.

Yes. When it comes to Work Injuries, there could be more than one way of obtaining just compensation. In other words, Workers’ Compensation may not be your only route to what is rightfully owed to you — particularly in a case where your workplace injury was caused by the negligence or defective product of a third party. The other person and/or entity may be directly or indirectly responsible for your injuries and damages. For instance, you are driving a delivery truck for a living. A careless driver slams into you causing you severe injuries. You are, of course, entitled to prompt medical treatment and other Work Comp benefits because you were injured while working. The Negligent driver is also liable for your injuries and damages under Tort Law, which could be far more than what Work Comp would pay. This type of cases is referred to as Hybrid. This is why you should always consult with a capable, credible and compassionate Chosen Lawyer right away. It will cost you nothing to know your rights and responsibilities right away. Please remember, when it comes to injuries, what you don’t know can become an insult to your injuries.

Despite of the fact that Worker’s Compensation Laws have curtailed workers’ options to sue their employers, in some cases, California Workers can sue their employers and/or third parties, such as:

EMPLOYER PHYSICAL ASSAULT & BATTERY

In California, if employers or their agents intentionally cause injuries upon workers, in addition to crimes of assault and battery, employers could be liable for the torts of assault and battery. This means, employers have to pay to make their employees “Whole Again.” For instance, if an employer attacks an employee and causes injuries, he or she may be liable for the employee’s physical injuries, pain and suffering, emotional distress, and possibly punitive damages. If the employee is an undocumented immigrant, he or she may be entitled to certain immigration benefits under victims of crimes doctrines.

FRAUDULENT CONCEALMENT (EMPLOYER LIES)

In some cases, an employer may intentionally misinform or mislead an employee. For instance, an employer might fail to disclose the presence of certain dangerous materials or conditions or ignore the requirement of necessary safety procedures. In such circumstances, the injured employee can sue the employer for fraudulent concealment or failure of providing essential training and safety equipment, which could entitle the employee compensation far beyond the worker’s compensation benefits.

EMPLOYEE IS INJURED BY A DEFECTIVE PRODUCT THAT EMPLOYER HAS MANUFACTURED

Generally, if workers are injured while doing their jobs, by any defective product, they can sue the defective product’s manufacturer, wholesaler and retailer. This right is created under product liability laws. Clearly, if the producer of such a defective product is the employer, the rules are the same. The employees can sue their employers for injuries caused by the employer-produced defective product. For example, an employer manufactures lawn mowing machines. An employee is using one of the employer’s lawn mowing machines to mow the lawn in front of the employer’s office. The machine malfunctions and severely injures the employee. In this example, the injured employee can sue his or her employer for damages in addition to his or her worker’s compensation benefits.

EMPLOYEES CAN SUE THEIR EMPLOYERS IF THEY FAILED TO BUY WORKER’S COMPENSATION INSURANCE

In California, almost all employers regardless of their size must have Workers’ Compensation Insurance. If an employer does not comply with the law, in addition to criminal penalties, the employer is also liable for the worker’s injuries. In such cases, the employee can sue the employer for a much broader range of damages allowed by the Worker’s Compensation laws. As you can see getting just compensation in a work injury can be a complicated path. We are here to make sure that all facts and circumstances are considered, and no stone is left unturned. If you’ve been injured while doing your job, in any way give Chosen Lawyers a click or call. Chosen Lawyers are here to inform you of Your Rights, Protect Your Rights the Right Way, Right Away.

Your payout can vary depending on the type and severity of your injuries, and how long would it take for you to fully or partially recover? How long did it take you to report your injuries, and of course how good of a legal team is representing you.

Beware: All of those videos on YouTube and ads online offering immediate assessment of your case by utilizing Artificial Intelligence (AI) are deceptive ways to lure you and sell your case to an incompetent attorney. At Chosen Lawyers we understand that after sustaining a work injury, you may be flooded with feelings of apprehension, fear, sadness, and frustration; dealing with bills, stress and physical pain may even cause depression. Chosen Lawyers are to help you put your life back together Physically, Emotionally and Financially!

According to the U.S. Bureau of Labor Statistics (BLS), the following are the most common causes of workplace injuries:

1. Sprains, tears, and strains (approximately 35 incidents per 10,000 full-time workers)

2. Pain and soreness (approximately 18 incidents per 10,000 full-time workers)

3. Lacerations, punctures, and cuts (approximately 9 incidents per 10,000 full time workers)

4. Contusions and bruises (approximately 9 incidents per 10,000 full-time workers)

5. Fractures (approximately 8 incidents per 10,000 full-time workers)

However, the injuries that cause employees to miss the most time from work are:

1. Multiple fractures and injuries (median of 48 days)

2. Fractures (median of 32 days)

3. Amputations (median of 31 days)

4. Carpal tunnel syndrome (median of 30 days)

5. Tendonitis (median of 14 days)

6. Strains, tears, and sprains (median of 11 days)

7. Multiple traumatic injuries (median of 9 days)

8. Soreness or pain (median of 8 days)

9. Multiple sprains with injuries (median of 7 days)

10. Contusions and bruises (median of 5 days)

11. Heat burns (median of 5 days)

12. Lacerations, punctures, and cuts (median of 4 days)

13. Chemical burns (median of 3 days)

According to Occupational Safety and Health Administration (OSHA) here are the most common work safety violations:

According to Occupational Safety and Health Administration (OSHA) here are the most frequent work safety violations:

WHAT ARE SOME COMMON ERRORS THAT INCREASE THE RISK OF WORK INJURY?

1) Rush Jobs Employees often feel constant pressure to complete tasks as quickly as possible so that they can move on to the next project. Rushing increases the chances of not following the safety measures to complete the job. Accidents increase when jobs are behind schedule and deadline pressures are mounting. It’s important to remind employers that work safety is more important than profits and meeting deadlines.

2) Frustration Workers can get frustrated when facing unsafe working conditions, poor procedures, inadequate communication, wrong or insufficient materials, and problems at home. Not all situations can be managed and controlled, but creating a positive and compassionate working environment that nurtures cooperation and teamwork can make workers feel safe, cared for and belong. These simple and reasonable changes can reduce work prone mental, physical and financial injuries for both employees and employers.

3) Fatigue/Tiredness/Stress Fatigue and tiredness greatly reduce accuracy and performance, which generally results in shoddy workmanship and preventable injuries. A tired truck driver is said to be more dangerous than a drunk driver. This simple fact illustrates the dangers of fatigue. It is very important for managers to identify when a worker is fatigued; and take the correct course of action to remedy the fundamental problems. For instance, employees should not work overly long hours, in order to meet deadlines. Corporations have to set realistic deadlines and plan courses of actions that attain them without overly exerting undue pressures upon employees.

4) False Sense of Security False sense of security is the most dangerous mindset that results in many unnecessary accidents and injuries. Accidents can happen to anybody at any time and one’s sense should always be finely tuned to the work at hand. False sense of security is the result of poor training and following bad practices, which leads to accidents. Management needs to be vigilant and to intervene when employees feel their work is so routine that makes them bored, complacent and overly careless. These mindsets can cause or contribute to critical errors which increase the probability of injury. This is why, employees must always have their:

• Eyes on their task, and

• Mind on the job.

The cost of workers’ compensation insurance varies by state, as do the benefits. There are different rates depending on whether the employees covered are performing low-risk or high-risk jobs.

The fees for the insurance are based on the company’s payroll numbers. Just as examples:

• In California, workers’ comp costs an average of 40 cents for every $100 in payroll for low-risk workers and $33.57 for high-risk jobs.
• In Florida, the average is 26 cents per $100 for low-risk jobs and $19.40 for high-risk jobs.
• In New York, the average is 7 cents per $100 for low-risk jobs and $29.93 per $100 for high-risk jobs.

1) Medical Costs: These costs include medical evaluations, treatments, surgery, prescription drugs, medical aid devices, transportation costs to and from provider facilities. Should the injured worker use private rides in California, they are reimbursed 65.5 cents per mile. This amount became effective as of January 1, 2023.

2) Temporary Partial Disability Payments: If injured workers are unable to work due to their work injuries or illnesses, they are paid two-thirds of their average weekly wages in line with the state mandated maximums. These payments are made for a maximum of 2 years (104 weeks) within a 5-year-period, unless the injury or sickness is related to:

• Hepatitis B or C
• Eye injuries
• Pulmonary Fibrosis
• Chronic Lung Disease
• Amputation
• Severe Burns
• HIV

In such cases the injured worker is entitled to 240 weeks of Temporary Total Disability Payments.

3) Permanent Disability Payments: These payments are made to workers who are unable to return to their former jobs or get other jobs. These payments are measured and paid based on Permanent Disability Rating. These payments start from 4 weeks to 14 years.

4) Life Pension Payments: For workers, whose permanent disability rating is between 70% to 99%. Such injured workers receive a small weekly payment in addition to their weekly permanent disability payments. However, the Life Pension Payment is paid for the rest of the disabled worker’s life.

5) Vocational Retraining Payment: This supplemental job displacement benefit is available to injured workers, who are unable to return to their former duties, and their employers did not offer them modified or alternative employment. The amount of this voucher is $6,000, which must be spent on school tuition, fees and books.

6) Death Benefits: The eligible dependents or spouses of workers who die on the job are entitled to Death Benefits, which include Burial Expenses. As of January 1, 2013, these payments are:

a) $10,000 for Burial Expenses

b) $250,000 for One Total Dependent

c) $290,000 for Two or More Dependents

d) $320,000 for Three or More Dependents.

The following relatives may be eligible to receive the deceased worker’s death benefits:

Certain members of the deceased worker’s family are automatically considered total dependent and beneficiaries:

• Disabled Children, who are unable to earn a living due to Mental or Physical disabilities
• Children under 18-year-old
• A Spouse who earned $30,000 or less in the 12 months prior to the death of the worker; should the surviving spouse be above $30,000; they must show evidence of partial or total dependency.

PLEASE NOTE: Some payments to children under 18 continue until the youngest child turns 18.

The eligible Dependents must file for Death Benefits within a year from the death of the worker, and a maximum of 240 weeks after the work injury itself. Should the employer have committed misconduct, these time limitations could vary.

In California, you may be able to go to your own personal primary care physician right after you’re injured at work, but only if:

• you have health care coverage for medical treatment unrelated to work injuries
• you’ve given your employer written notice before your workplace injury (referred to as “predestination”), and
• your doctor has agreed in advance to treat you for work-related injuries or illnesses.

If you have not predesignated your doctor, you may have to choose a doctor from the Medical Provider Network (MPN) list provided by your employer or their Insurance Provider. However, there are some exceptions to this rule, including when:

• you need emergency medical care, or
• your employer hasn’t given you some legally required notices and information.

You might be able to collect Social Security Disability Insurance (SSDI) benefits in addition to workers’ comp benefits, depending on the nature of your injury and whether you meet the other eligibility requirements. But your benefits could be reduced if the amount you receive from both workers’ comp and SSDI is over a certain amount. In general, you can’t receive California State Disability Insurance (CASDI) for a work-related injury. However, you may be able to get interim benefits from CASDI when your employer’s insurance company denies or delays paying your benefits. If you’re later able to collect workers’ comp benefits, CASDI will have a legal right to reimbursement for what it paid.

Yes, you will need to get workers’ compensation insurance for your nanny. In California, anyone who employs one or more full-time or part-time employees must have workers’ comp insurance. In almost all cases, a nanny is considered to be an employee (as opposed to an independent contractor) because of the amount of control the parents have over how the nanny performs the work (for example, by deciding what the child is fed, what activities the nanny does with the child, and so on). California has special rules when it comes to domestic employees like nannies or other childcare workers. For purposes of workers’ comp, household workers aren’t considered employees if they worked less 52 hours or earned no more than $100 in the 90-day period before the injury. Because your nanny will be working full-time, she will be covered under workers’ comp.

California law requires every employer in the state with at least one employee to have this insurance.

California doesn’t have a law specifically requiring employers to reinstate injured employees when they are ready to work or find them new jobs if they are unable to perform their old jobs. However, California does have a strong anti-discrimination provision. Under Section 132a of the California Workers’ Compensation Code, it is illegal for an employer to fire an employee because of a work injury. In other words, while an employer is not required to rehire an injured worker, not being able to provide a legitimate business reason for doing so could lead to a discrimination claim. For example, suppose an employee is cleared to return to work and his or her position is still available. The employer refuses to rehire the employee without explanation, advertises for the job for months, and eventually hires an employee with less experience. This might look like evidence of discrimination. An employer will be able to show business necessity if reasonably believes that the employee is permanently unable to perform the job or that the disability will last so long that it needs to replace the employee. In some cases, an employee will also need to show that he or she was singled out for less favorable treatment due to the work injury. A neutral policy that is evenly applied among employees will generally not be evidence of discrimination. For example, if your employer has a general rule that all employees on leave of absence must communicate with their supervisor on a regular basis and you’re fired after failing to do so, that will likely not violate the law. On the other hand, if your employer has generous leaves of absence policies for workers who need time off for personal reasons or non-industrial injuries—but fires you only a couple of weeks after your work injury—that might be evidence of discrimination. Reasonable Accommodation Under the ADA If an employee’s work injury or illness is serious enough, it might qualify as a disability under the Americans with Disabilities Act (ADA). The ADA is federal law that requires employers with 15 or more employees to provide reasonable accommodations to workers with disabilities in order to help them perform their jobs unless it would cause an undue hardship to the employer. The California Fair Employment and Housing Act (FEHA) is a similar state law that applies to employers with five or more employees.

The Federal Family and Medical Leave Act and the California Family Rights Act (CFRA), require employers with 50 employees or more to provide up to 12 weeks of job-protected leave for a serious health condition. If you have a relatively serious work injury, and it only keeps you out for 12 weeks or less, you might be entitled to return to your normal job.

To be eligible for permanent disability benefits in California, your doctor must write a report saying that your recovery has reached the “Maximum Medical Improvement” (MMI) or “Permanent and Stationary” (P&S). Once you’ve reached MMI, your Temporary Disability Benefits will end. If you’ve completely recovered and can go back to work without any limitations, you won’t be eligible for permanent disability benefits. But you may be entitled to compensation if your injury or illness has left you with permanent physical or mental limitations on the work you can do. In worker’ compensation lexicon, this is called “permanent disability” (or PD). Total Permanent Disability The amount of compensation for the lasting effects of your injury or illness depends largely on the extent of your disability. There are two basic categories of PD benefits: total and partial. You may be eligible for total PD only if you aren’t expected to be able to work in any capacity for the rest of your life. Total permanent disability is rare in workers’ compensation cases. With certain severe injuries (like losing sight in both eyes, losing the use of both arms, or total paralysis), the law presumes that the injured employee is totally and permanently disabled (Cal. Lab. Code § 4662). In all other cases, workers may receive these benefits only if their PD rating (discussed below) adds up to 100%. If you have 100% PD, you’ll be entitled to receive regular payments for the rest of your life in the same amount as your temporary disability benefits: generally, two thirds of your pre-injury average weekly wage, but with maximum and minimum amounts that are linked to the statewide average weekly wage (and are thus regularly adjusted). Partial Permanent Disability Any permanent disability less than 100% is considered Partial Disability. The amount of the checks you receive—and the length of time those payments last— will depend on the percentage of your disability (up to 99.75%), referred to as your PD rating. The rules for determining that rating are complicated, but we’ll summarize them below.

Initially, your treating physician will write a report that describes any permanent impairments you have as a result of your injuries or illnesses. This means, how much you’ve lost the normal use of the injured part of your body (or normal psychological functioning). For instance, you could have limited range of motion in your shoulder, reduced grip strength in your hand, or an amputated thumb. Doctors must follow detailed guidelines for describing your impairments. If you or the insurance company disagrees with the conclusions in this report, there’s a procedure for selecting a qualified medical evaluator (QME) to give another expert opinion on the disputed issues. (If you have an attorney, your lawyer and the insurance company may agree on the selection of a medical evaluator, whose opinion will carry extra weight with a workers’ comp judge who looks at your case.)

Under workers’ comp, a pre-existing medical condition won’t necessarily keep you from getting benefits if your recent work-related injury or illness aggravated or “lit up” that condition. But when it comes to calculating PD benefits, California requires doctors to “apportion” your permanent disability between the old and new injuries. If possible, the physician’s report must determine what percentage of your permanent disability was a direct result of the work-related injury or illness and what percentage was caused by other factors, including previous injuries.

With a few limited exceptions, permanent disability benefits must begin within 14 days after your temporary disability payments stop. The insurance company has to pay you at least every two weeks. If it’s late with any payments (whatever the reason), the insurer will automatically owe you an additional 10% of the late amounts. And if the insurer didn’t have a reasonable excuse for the delay, you could be awarded a total of up to 25% of each late payment, to a maximum of $10,000.

Yes. If you disagree with anything in the report, you should promptly let the insurance company know in writing. Your Chosen Lawyer must send this letter within 20 days after receiving the report; if you don’t have a lawyer, you have 30 days to send your objection. Please Remember: Permanent Disability Benefits are a big expense for Insurance Corporations, and they use every trick they know to limit or reduce your PD rating. Your experienced and diligent Chosen Lawyers know how to Protect Your Rights, The Right Way, All the Way.

Workers who can’t return to their normal occupations due to a permanent partial disability can receive a supplemental job displacement voucher in the amount of $6,000. The voucher can be used to pay for education, training, licensing or certification fees, computer equipment, and vocational counseling. You will only receive this voucher if your employer doesn’t give you back your old job or offer you a suitable alternative job.

WOULD I QUALIFY FOR SUPPLEMENTAL JOB DISPLACEMENT BENEFITS?

You are entitled to supplemental job displacement benefits if:

• you have a permanent partial disability as a result of your work-related injury or illness, and
• your employer hasn’t offered you regular, modified, or alternative work that meets the legal requirements.

Once your doctor has found that your medical condition is Permanent and Stationary, the physician will evaluate your condition, decide whether you have a permanent disability, and if so, how that disability will affect your ability to do your job. The doctor will write up a report that spells out tasks that you can’t do, known as “work restrictions.” If you can’t return to the position you held before your injury “regular work”, your employer may offer you “modified work.” This means that the duties in your previous job will be adjusted to accommodate your work restrictions, or offer you a different job that you’re able to do (known as “alternative work”. Either way, the modified or alternative work must:

• last at least 12 months
• pay at least 85% of what you were earning before your injury, and
• be located within a reasonable commuting distance of where you lived at the time of the injury.

If your employer doesn’t offer you modified or alternative work within 60 days after receiving the doctor’s report, you’ll be eligible for the supplemental job displacement benefits. However, you won’t be eligible if you turn down an offer from your employer, as long as it meets the legal requirements for modified or alternative work. The insurance company’s claims administrator should send you the job displacement voucher within 20 days after the end of that 60-day period.

WHAT DOES THE SJDB VOUCHER COVER?

The voucher is worth up to $6,000 to pay the following expenses for retraining, building skills, and getting started in a new occupation:

• tuition, fees, books, and other required expenses for training or skills courses at a California public school or a program run by an organization on the state’s eligible training provider list
• the cost of occupational licensing or professional certification fees, as well as the exams and preparation courses to get those licenses
• the cost of occupational licensing or professional certification fees, as well as the exams and preparation courses to get those licenses
• up to $1,000 for computer equipment
• up to $600 to pay for the services of a licensed placement agency, a qualified vocational counselor, and resume preparation; and
• up to $500 for miscellaneous educational expenses, such as transportation and uniforms.

WHEN DOES THE SJDB VOUCHER EXPIRE?

The voucher expires two years after it was issued or five years after the injury, whichever is later.

HOW DO I GET PAYMENTS UNDER THE VOUCHER?

If you’ve paid the eligible expenses, you must submit receipts to the claims administrator before the voucher expires. However, you don’t need to provide itemized receipts for miscellaneous educational expenses, as long as you’ve submitted a request on the appropriate form. Schools or counselors may receive direct payment from the claims administrator if you present the voucher to them. The claims administrator should reimburse you or make the direct payments within 45 days after receiving the completed voucher form and documentation. You can’t redeem the voucher as part of a Settlement of Your Worker’s Compensation Case.

California has another program that provides an additional payment for injured employees who’ve received a supplemental job displacement voucher and whose permanent disability benefits are particularly low in comparison to the amount of earnings they lost as a result of their injuries. The one-time payment is set at $5,000, although the state may adjust that amount. The deadline for applying is generally one year after you received the displacement voucher.

If you are affected by any work-related injury or illness, whether it is sudden or gradual, such as carpal tunnel syndrome, you should immediately report it to the appropriate person supervising your work. That is because, depending on jurisdictional workers’ compensation laws, if you do not report your work-related injuries within a window of time, sometimes as short as 30 days, you may lose your right to workers’ compensation benefits.

No. Workers’ compensation programs are designed to pay weekly benefits and medical costs for work-related injuries and illnesses. With some exceptions, workers’ compensation is not dependent neither on worker nor employee’s fault. The fact that you sustained injuries or were affected by a work-related hazard is sufficient. Thus, you do not need to prove that your employer or your co-workers negligently caused your damages. Even if your own negligence caused your work related injury or illness, you are still entitled to obtain workers’ compensation benefits. Although, as alluded above, in a Workers’ Compensation Claim, you can only seek a weekly compensation, permanent impairment benefits, medical costs, and vocational rehabilitation. Thus, you are not entitled to collect lost earning capacity, pain and suffering, loss of consortium and enjoyment of life, punitive damages, and so on. In a nutshell, workers’ compensation recovery is a tradeoff for the right to sue employers and co-workers for any negligent acts or omissions that they have committed, which resulted in work-related injury. Could Injured Employees choose to file Civil Lawsuits against their Employers instead of Workers Compensation Claim? Generally, employees are barred from suing their employers for work-related injury or illness. The reason for this is more of a public policy of promoting employers to provide Workers’ Compensation Insurance for the benefit of their employees. This is why they are generally protected from defending themselves against their employees’ personal injury claims. However, there are some exceptions, and here are some:

If an employer intentionally causes the employee’s illness or injury, the employee has a right to file a Tort Lawsuit for such injuries in a civil court. Here are some samples of intentional torts:

ASSAULT & BATTERY

Assault is, generally, referred to as an attempted battery and battery is an injury to the person’s body. An unwanted kiss or slap could be construed as battery.

CONVERSION

Under tort law if the employer takes your property without your express or implied permission and makes it his or her own, you may be able to sue.

FALSE IMPRISONMENT

If your employer confines you against your will or without a legal authority, you may be able to sue your employer;

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

If your employer does something outrageous that you are emotionally traumatized, you may be able to sue your employer;

DEFAMATION

If your employer utters false information about you that harms you, you may have file a claim for libel or slender against your employer;

FRAUD

If your employer lied to you about something that caused you damages, you may sue your employer;

CREWMEMBERS OF ANY BOAT, SHIP

If you are a crewmember of any type of boat, from giant cruise ships down to the smallest two-person commercial fishing boat, you are not entitled to workers’ compensation benefits. Instead, a federal law referred to as The Jones Act allows you to file a claim for your work-related injuries, including pain and suffering, in a civil court.

INTERSTATE RAILROAD WORKERS

Interstate railroad workers, are authorized by another federal law called the Federal Employers Liability Act (FELA) to sue their employers for their work-related illnesses and injuries;

Please Note: This exception only allows the Interstate Railroad Employees, which means, railroads that operate in more than one state. Thus, if you are working for an intrastate commuter, which means you are a within the state rail worker, you may not be covered by FELA;

SEXUAL HARASSMENT

Depending on jurisdictional law of each state, sexual harassment victims may be allowed to sue for damages in a civil court rather than be subjected to the exclusive remedy provision of workers’ compensation statutes.

WRONGFUL TERMINATION OR DISMISSAL

For Public Policy Purposes, some states require that emotional distress claims, which may result from either a Wrongful Termination or Breach of an Employment Contract are recoverable in civil actions.

EMPLOYMENT DISCRIMINATION CLAIMS

Most state laws mandate that discrimination claims based upon race, religion, gender, national origin, disability, and so on are not barred by the exclusivity provision of Workers’ Compensation Statutes. Thus, the victims of such discrimination can seek judicial remedies in civil courts for their damages.

SUIT FOR INJURIES CAUSED BY THIRD PARTIES

If an employee was harmed at work-related incident by someone other than the employee or employer, the injured employee may be able to file a civil lawsuit for his or her personal injuries and damages against the third party. For example, an illness or injury caused by a defective product, the employee can sue the manufacturer and anyone else responsible in the stream of commerce.

WRONGFUL TERMINATION OR DENIAL OF WORKERS’ COMPENSATION BENEFITS

Generally, the Workers’ Compensation Claims are filed and adjudicated through the administrative process. Decisions rendered by the administrative authority are not appealable until the process is complete. And then, appeals must be brought to a special workers’ compensation board or a specially nominated court. Only after all statutory process requirements set by the state are satisfied, a worker can file a Workers’ Compensation Claim in the civil court system.

INTENTIONAL, SELF-INFLICTED INJURY

If an employee intentionally causes self-injury, his or her benefits may be reduced or completely barred from receiving any workers’ compensation benefits. However, some self-inflicted injuries may be the result of work-related stress or illness.

INTOXICATION.

If an employee’s self-induced intoxication from drugs such as alcohol or heroin and so on, when injured on a work-related injury may result in reduced benefits or complete bar on recovering workers’ compensation benefits. The employer has the burden of prove that the injured employee was intoxicated at the time of the injury, The burden shifts to the employee to prove that the intoxication did not contribute to the accident. Again, the intoxication must be volitional and not accidental or a reaction to prescription drugs;

VIOLATION OF A COMPANY SAFETY POLICY

If the injured employee violates an express company safety policy, which leads to subject work-related illness or injury, his or her Workers Compensation benefits may be reduced or barred.

As you can see from the above general review, dealing with a Work-Related Injury, Illness or Death can be very complex and require knowledge of various federal and state laws. If you have been injured at work, please click or call Chosen Lawyers, now. Your Case Evaluation is FREE and CONFIDENTIAL.

1. Notify Your Employer:

Notify your supervisor or employer right away. Remember, if you wait for 30 days or more after your injury, without any viable excuse, your claim will be denied. If your injury or illness occurs over time, you should notify your employer as soon as you see or feel your symptoms.

2. Apply for Benefits:

Once you notify your employer, they must provide you with a Worker’s Compensation Claim Form (DWC-1) within one working day.

3. See a Doctor Right Away:

Emergencies – If it’s an emergency, go to the nearest emergency room, and tell them your injury or illness work related. Your Worker’s Compensation Insurance must pay up to $10,000 for your healthcare cost until your claims are approved or denied.

Yes! Insurance corporations make money from premiums and get windfalls from denying injured peoples’ just deserts. Generally, the law gives the Insurance Industry up to 90 days to either accept or deny a claim. If they do not accept or deny within 90 days, then it is presumed that they have accepted the claim. If you do not hear anything within 90 days the claim might be presumed to be accepted. If the Insurance Corporation denies your claims, you should immediately call Chosen lawyers if you haven’t at the time of injury.

Law mandates that almost all employers carry Workers Compensation Insurance Coverage. If your employer does not have work comp insurance, you can apply for benefits via the Uninsured Employers Benefits Trust Fund (UEBTF).

It is fine. Your claim will still remain open. However, if your condition becomes worse or you sustain a different injury, you must file a new claim under your new employer’ worker’s compensation insurance policy.

Do I have to inform my new employer about my past claim?

No. But you may need to request for accommodations in line with your doctor’s work restrictions.

There are two types of settlements in Workers Compensation:

1. Stipulation with Request for Award (Stips)

• In this type of settlement, your permanent disability payment is paid every 14 days until the total amount is paid off.
• The Insurance Corporation pays for any reasonable medical care.
• The Insurance Corporation pays for any reasonable medical care. You retain the right to reopen your case, if your injuries or illnesses get worse, within 5 years from the date of your injury. On the other hand, your Claims Administrator may also decide to reopen your case, if your injuries or illnesses improve.

2. Compromise and Release (C&R)

• Payment—Your permanent disability payment is a pain in one lump sum payment.
• You release the Insurance Company and Your Employer of any future Medical Expenses. Should you require any medical care, you will have to pay from your settlement amount.
• You give up your right to reopen your case, if your injury or illness becomes worse.

WHICH TYPE OF SETTLEMENT IS BEST?

There is no definitive answer to this question. The choice between Stips or C&R depends on the facts and circumstances of your case. Here are some general considerations:

• Is your illness or injury going to change over time?
• Will you need future medical care?
• Do you have any Medical Insurance independent of the Work Comp?
• Do you need the entire settlement now?

Please Note: You do have a choice to take Stips, and later switch to C&R.

Generally, No. You do not need to hire a lawyer in almost all cases from criminal to family or civil. However, most often, Insurance Corporations and their Lawyers could unreasonably delay, frivolously defend, and greedily deny your case. Generally, a Capable, Credible and Compassionate Chosen Workers Compensation Lawyer knows the system and how the opposing attorneys and claims administrators function. They may also find many entitlements that you have but don’t know about.

HOW MUCH DO I HAVE TO PAY MY LAWYER?

Generally, Workers Compensation Lawyers work on a Contingency basis. This means that you don’t pay them anything upfront. They generally can receive anywhere from 9 to 15% of the settlement amount. However, the judge must approve the amount.