Sustaining an injury while at work can lead to complicated consequences. Even with workers’ compensation benefits available through your employer’s insurer, the process can be nuanced and troubling for you. For one, you must endure the pain of the injury itself, and you will also face income loss for the days off as you recover, in addition to following your employer’s directives in selecting the ideal healthcare provider.

This blog is intended to make this whole process easier for you by listing the factors you should consider before filing a workers’ compensation claim.

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You Can’t Sue Your Employer for Injuries Sustained While on the Clock

“The benefits of workers’ compensation insurance negate the ability of employees to sue their employers in civil court for work-related injuries in most cases,” says workers’ compensation attorney Scott Silberman of Silberman & Lam LLP.

Workers’ compensation offers a win-win solution for employers and their staff regarding any injuries they sustain while working. Here are some of the damages workers’ compensation covers in California:

  • Medical Expenses: It will pay for all necessary medical treatment related to the injury, including doctor visits, hospital stays, physical therapy, lab tests, and others.
  • Temporary Disability Benefits: The coverage offers partial wage replacement when an injured worker is unable to return to work while recovering, typically capped at two-thirds of the pre-injury wages paid until the worker reaches maximum medical improvement.
  • Permanent Disability Benefits: Suppose you suffer a permanent disability that affects your ability to earn. In that case, you will be eligible for permanent disability benefits, whose extent depends on the severity of the disability and your occupation.
  • Death Benefits: If a member of staff succumbs to work-related injuries, workers’ compensation provides death benefits to their immediate family.

In exchange for these benefits, an injured worker waives their right to sue their employer for injuries sustained while on the job. Litigation is only available as an option when the employer’s actions are negligent and harmful to their employees.

Can You Work While Receiving Workers’ Compensation Benefits?

You can still take up another position while receiving workers’ compensation benefits. Still, it’s crucial to remember that you must inform your insurer when you intend to get back to work while receiving these funds. This is because working will affect the amount of benefits you are entitled to.

Either way, the decision to get back to work must come from your doctor. If they give you the green light to resume, talk to your workers’ compensation lawyer to ensure this information reaches your employer, who will then notify the insurance company.

Are You Eligible for Workers’ Compensation Benefits?

In California, every employer is required to maintain workers’ compensation insurance regardless of the size of their businesses and the number of workers. However, staff who inflict injuries upon themselves are not eligible for workers’ compensation benefits. The same case applies to injuries sustained while off duty or while engaging in illegal activities.

Openly Communicate With Your Doctor

The information you provide to your doctor will be included in your medical records, which will be used in processing your claim. For this reason, it’s important to furnish your doctor with all details of the accident. Be specific about the location of the injury and give them a detailed account of how the incident occurred.

Conclusion

Filing a workers’ compensation claim can be a complex process, but understanding your rights and responsibilities can make it easier.

Be sure to follow all the necessary steps, from reporting your injury to providing accurate information to your doctor and insurer. Remember that workers’ compensation is designed to help you recover, so staying informed and proactive throughout the process is crucial.

If you have any doubts or concerns, consulting with an experienced workers’ compensation attorney can help ensure that your claim is handled correctly and that you receive the benefits you’re entitled to.