Regardless of your industry, your place of employment has an obligation to ensure your safety. Therefore, most employers give their employees a handbook, safety guidelines, safety equipment, and rest time.
Unfortunately, despite an employer’s best efforts, workplace accidents can still happen. These incidents vary in type and severity but can lead to disastrous consequences for workers and their families. If you are injured in a workplace accident, it is important to know that you have options and rights under California law.
Workers’ compensation gives employees the financial support necessary to heal after a workplace injury. However, the process to obtain this support can be complicated and daunting. With the help of a workers’ compensation attorney from English Lloyd & Armenta, you can navigate your workers’ compensation claim easily and get on the road to healing quickly and efficiently.
Qualifications for Workers’ Compensation
California laws surrounding workers’ compensation are very comprehensive. They account for many different scenarios and aim to make the claims process as streamlined as possible. The law also states that all workplaces with one or more employees need to have workers’ compensation insurance.
Workers’ compensation laws cover most instances in which an employee gets hurt at work. The main requirement is that the injured employee must have been behaving within the scope of their job duties when they got injured. This means that the employee may not have been doing their job, but as long as they are behaving normally at the workplace, their injuries should be covered. For example, if you trip over a cord on your way to the restroom and break your arm, workers’ compensation should cover the injury because walking to the restroom is within the normal scope of an employee’s day.
However, if you were learning a TikTok dance with your coworker and you fell and broke your arm, the injury may not be covered. This is because, for most people, creating TikTok videos is outside of the scope of their job duties.
There are three major scenarios that can disqualify you from workers’ compensation. They include:
You were roughhousing or fighting at the time of the injury.
You caused the injury on purpose.
You were under the influence of alcohol or drugs when the injury occurred.
In most other scenarios, your employer’s workers’ compensation insurance should compensate you for your medical bills.
The Average Workers’ Compensation Settlements
It is natural to want to know how much your workers’ compensation case may be worth. This can help you to plan your budget and support your family during this time. The average workers’ compensation settlement in California is between $2,000 and $20,000. This is a significant range, but it is difficult to pinpoint how much your case will earn without any details.
Workers’ compensation settlements are meant to cover any medical bills associated with the accident. If you have only a minor injury, your settlement will be small. If you have a severe injury that requires a lot of medical attention, the settlement will be much larger. It ultimately depends on how much the injury costs.
Your workers’ compensation may also contribute to temporary or permanent disability benefits, which can help you to support your family while you heal. If you need to be retrained in a different position or industry, workers’ compensation should also cover any retraining costs.
Q: What Is the Maximum Payout for Workers’ Compensation in California?
A: Workers’ compensation is paid in weekly installments. The state of California lays out yearly minimums and maximums for workers’ compensation payments. Currently, the minimum payment is $230.95 per week while the maximum is $1,539.71 per week. Your payment amount will depend upon the extent of your injury, your costs, and your normal weekly income. Your workers’ compensation attorney can help you determine how much you should get based on your given situation.
Q: How Is a Workers’ Comp Settlement Calculated in California?
A: Workers’ compensation should be equal to two-thirds of your weekly income or wage. So, for example, if you normally earn $1,000 per week, your workers’ compensation settlement should be approximately $750. If you are a salaried employee, this is still true. The settlement will be calculated based on the percentage of your salary that you earn in a single week.
It is important to note that there are supplemental programs that may help you to support your family.
Q: Can I Lose My Health Insurance While on Workers’ Comp?
A: Unfortunately, you can. If you have workplace-sponsored health insurance, your employer is not obligated to continue to pay for your health insurance while you are receiving workers’ compensation benefits. While some employers do continue, others do not. Be sure to determine whether you will lose your benefits when you report your injury.
Your employer may have to continue paying for your health insurance if you are in a union or have specific terms in your contract stating so.
Q: How Long Does a Workers’ Comp Case Take to Settle in California?
A: 30 days. You may have to attend an informal hearing in front of a judge who will ensure that you understand the situation and resulting agreement. They will also assess the agreement to ensure that the terms are fair and legal. If all is well, you should receive your money within 30 days. However, if the workers’ compensation insurance company attempts to avoid paying or tries to blame the situation on you, the case may take longer.
Contact English Lloyd & Armenta
If you are facing a workers’ compensation case, you need an attorney to support you. Our team at English Lloyd & Armenta is here to walk you through your workers’ compensation case and ensure that you get the support that you deserve. Without this kind of legal guidance, you may receive less than you deserve. With the help of our attorneys, you can ensure that everything is fair and that your settlement is sufficient.