For anyone who is injured in an accident, or contracts an occupational disease at their workplace, there is a system in place in California to provide reparation for those injuries. Workers’ compensation is a system of job injury restitution fixed by statute. The range of injuries and illnesses are classified by their seriousness of harm to the worker, which will affect the amount of compensation.
There is no need to show fault or negligence with workers’ compensation. If you were injured on the job and meet other requirements such as testing negative for drugs or alcohol, you will receive benefits that are paid by your employer. Employers generally have an insurance policy to cover these types of claims. The only area of potential disagreement may be the extent of the injuries and the amount of benefits that apply in each case.
Current Medical Costs and Lost Income Claims
For medical benefits, the bills must be reasonable and necessary, and usually a physician selected by the employer will provide the medical care. There can be some dispute on what is covered, and whether the care is adequate for the injuries. If shown to be necessary, you may be able to use your own physician.
Income benefits will provide a portion of your weekly income while you are recovering from your injuries and cannot work. Each of these types of medical and income claims are for temporary costs due to the injury at the workplace, but there are also benefits available for lasting harm to the worker.
Lasting Impairment or Disability Claims
If a worker has become impaired in some way from an injury, the doctor will assign a rating to the injury that will determine the amount of compensation that is due. Examples include minor amputations, loss of motion, pain and other limitations that have lingering impact on mobility. The rating is critical to the amount of benefit, and can be contested if too minimal for the extent of the injury.
In some cases, the impairment may be permanent, creating a lasting disability that affects the capacity for work and income prospects in the future. This is also covered by workers’ compensation benefits, including loss of income or retraining for a new job within the worker’s capacity. There are also death benefits for surviving family members, if a death occurs as a result of an on the job accident.
Workers’ compensation is guaranteed for those injured on the job and who meet all requirements, but by accepting the benefits, the worker forgoes the right to sue their employer for those same injuries. This limits access to damage awards that may include pain and suffering. Although the benefits are guaranteed, there can be dispute over the amount being paid for medical bills, injury assessment and rating, as well as disability claims.
In the event of a dispute, a workers’ compensation attorney who knows the claims and ratings rules in Idaho can be helpful in receiving the highest compensation award possible. An attorney can examine the medical records and compare the benefits to other similar cases to help obtain a fair amount. If you have been injured on the job, it is important you contact the Law Office Of Carl L. Brown to assess your claim as soon as possible. Please call today for an appointment at (559) 431-4400.