What is Workers' Compensation?

California workers' compensation laws are set up to provide benefits to help employees who are injured at work. A work injury is any injury that was caused by your employment, or happened at your place of employment while working.

Workers' compensation law is considered administrative law. It does not take place in a normal courtroom, like the California Superior or Federal courts. However, there are workers' compensation judges and many legal procedures that must be followed within this area of administrative law.

Workers' compensation is supposed to be a "no-fault" system, which means that no one has to prove negligence for an injury to be compensable. If you made a stupid mistake and hurt yourself, you still qualify for the benefits of workers' compensation if you suffer a disability from that stupid mistake.

Because the threshold of proof is lower than a normal personal injury case, the benefits (or money) are also less than a normal personal injury case. The three basic benefits being 1) temporary disability pay, 2) medical treatment, and 3) permanent disability benefits (if any). Any money received is tax-exempt.

The other big difference with workers' compensation law is that it is a no-cost system to the injured worker. There are no filing fees or any out-of-pocket costs that you should pay to bring a claim for benefits.

 

Statute of Limitation

There are always deadlines to filing legal documents. Work injuries are no different. However, whether a claim is barred by the statute of limitations is a very complex analysis. There are many exceptions or "loopholes" to a statute of limitations. 

It's always best to report a work injury as soon as possible. We can help you fill out the proper paperwork to put your employer and its insurance carrier on notice of your work injury, thereby protecting you against the statute of limitations defense. 

If you've been hurt at work, you should not delay. Get a free consultation from Workers' Compensation Lawyer, Brian W. Freeman. Call today to protect your legal rights.