Workers Compensation Lawyer Santa Monica CA
Not every person who is injured on the job and has to miss work to recover has the financial security to comfortably recover without worrying about missed income. Fortunately, for an injured employee whose employer has secured a workers’ compensation policy as required by California law, receiving benefits is possible after the first three workdays following the injury. Unfortunately, many employers and their insurance companies do all they can to prevent injured workers from collecting the benefits they are entitled to. This is where a Santa Monica, CA workers’ compensation lawyer can help. If you are being denied benefits, call Cohen Law Group, P.C. for legal assistance.
Calculating Your Benefit Amount
Through temporary total disability benefits, soon after an employee is injured, they may receive benefits if their doctor deems them temporarily unable to return to work or if they are allowed to carry on light duty but are unable to do so because the employer cannot accommodate them.
Temporary total disability benefits are available for both physical and psychological injuries an employee suffers due to a workplace incident. An employee’s temporary total disability benefits are paid based on a percentage, two-thirds of their pre-tax average weekly earnings before the accident, for up to 104 weeks or until they recover, whichever comes first.
The weekly earnings are calculated to include the entirety of the employee’s wages, even from multiple sources of employment. In other words, if you had a second job prior to your injury, but you are unable to work at that job while you recover, that income loss will also be included in your weekly workers’ comp benefits.
Overtime hours paid at the overtime rate are not often included in calculating the employee’s income. However, in some cases where the time was mandatory, overtime hours may be considered at a regular rate of pay for the employee.
Return to Work
Once a worker is released by their doctor and allowed to return to work, they stop receiving temporary total disability benefits; however, an employee who is cleared to return to light duty work may continue to receive temporary partial disability benefits until fully cleared for work. Employees should be careful not to return to other forms of employment outside their regular job while still receiving temporary total disability benefits, as this could undercut their claim that they are medically unable to work.
As the name suggests, these benefits are supposed to be temporary and last only a short time while the employee recovers. If the employee’s doctor determines that the work injury has seriously injured or permanently disfigured the employee and that the employee cannot return to work, then the employee may be eligible for permanent total disability benefits.
For both temporary and permanent disability benefits, employees should remember that employers may require them to visit doctors other than their primary physicians as part of the benefits payment process.
Contact a Santa Monica Workers’ Compensation Lawyer Today
If you have been injured at work, call Cohen Law Group, P.C. if you are having a hard time obtaining the benefits you are entitled to. Contact our office to schedule a free case evaluation with a skilled Santa Monica workers’ compensation lawyer to ensure you have a strong advocate in your corner.
Qualifying for Benefits
Workers compensation law in Santa Monica, CA is designed to provide financial and medical benefits to employees who are injured on the job or suffer from a work-related illness. If you’ve been injured on the job in Santa Monica, CA, it’s important to understand your rights and seek the guidance of an experienced workers compensation lawyer.
In California, employers are required to carry workers compensation insurance to cover the cost of medical treatment and lost wages for employees who are injured on the job. According to California Labor Code Section 3700, all employers must provide workers compensation coverage for their employees, regardless of fault. This means that even if the injury was your own fault, you may still be entitled to workers compensation benefits.
In order to qualify for workers compensation in California, you must meet certain requirements. You must be an employee of the company, and the injury or illness must have occurred while you were performing your job duties or at a location where you were required to be as part of your job.
If you are eligible for workers compensation, you may be entitled to the following benefits:
- Medical treatment: Your employer’s workers compensation insurance should cover the cost of medical treatment for your injury or illness.
- Temporary disability benefits: If you are unable to work due to your injury or illness, you may be eligible for temporary disability benefits to cover your lost wages.
- Permanent disability benefits: If your injury or illness results in a permanent disability, you may be eligible for permanent disability benefits.
- Vocational rehabilitation: If your injury or illness prevents you from returning to your former job, you may be eligible for vocational rehabilitation to help you retrain for a new career.
According to data from the California Department of Industrial Relations, there were over 400,000 workers compensation claims filed in Los Angeles County in 2020. If you’ve been injured on the job in Santa Monica, CA, it’s important to seek the guidance of an experienced workers compensation lawyer to help you understand your rights and pursue the benefits you deserve.
Statutory Limits For Workers Compensation In Santa Monica California
Workers compensation is a no-fault system that provides financial and medical benefits to employees who are injured on the job or suffer from a work-related illness. In California, employers are required to carry workers compensation insurance to cover the cost of medical treatment and lost wages for employees who are injured on the job.
There are several statutory limits that apply to workers compensation claims in California. These limits are set by state law and apply to all workers compensation claims in the state.
- Statute of limitations: In California, you must file a workers compensation claim within one year of the date of your injury or the date you became aware of your illness. If you do not file your claim within this time frame, you may be barred from pursuing benefits.
- Maximum medical benefits: California law sets a maximum amount that an employer’s workers compensation insurance must pay for medical treatment. This amount is adjusted annually based on the state’s medical treatment utilization schedule.
- Maximum temporary disability benefits: If you are unable to work due to your injury or illness, you may be eligible for temporary disability benefits to cover your lost wages. In California, the maximum weekly benefit amount is set at two-thirds of your average weekly wage, up to a maximum amount that is adjusted annually.
- Maximum permanent disability benefits: If your injury or illness results in a permanent disability, you may be eligible for permanent disability benefits. In California, the maximum weekly benefit amount is set at two-thirds of your average weekly wage, up to a maximum amount that is adjusted annually.
- Maximum death benefits: If an employee dies as a result of a work-related injury or illness,
Workers’ compensation claims are typically related to injuries or illnesses that occur as a direct result of job duties or the work environment. Here are some common causes of workers’ compensation claims:
Overexertion: This is the most common cause of workers’ compensation claims. It includes injuries related to lifting, pulling, pushing, or carrying heavy objects, which can lead to strains, sprains, or hernias.
Slips, Trips, and Falls: Workers can slip on wet floors, trip over obstacles, or fall from heights, resulting in injuries like fractures, sprains, or concussions.
Falling Objects: In certain work environments like construction sites, objects can fall and injure workers below.
Machine Entanglement: In industries with heavy machinery, workers can get caught in or struck by the equipment, leading to severe injuries or fatalities.
Vehicle Accidents: Workers who drive for their jobs, such as truck drivers or delivery personnel, may get injured in traffic accidents.
Workplace Violence: Physical altercations between employees or assault incidents can also result in injuries that qualify for workers’ compensation.
Repetitive Motion Injuries: These injuries occur over time due to repeated motions in the course of performing a job. Carpal tunnel syndrome is a common example.
Work-related Illnesses: Workers can contract illnesses due to exposure to harmful substances or unhealthy conditions in the workplace. Examples include asbestos-related diseases, hearing loss due to loud noise, and various forms of occupational lung disease.
Burns and Electrocutions: Workers can suffer from burns due to fire, chemicals, or electricity, especially in fields like construction, manufacturing, or food service.
Exposure to harmful substances or environments: This includes diseases caused by exposure to harmful substances, radiation, extreme temperatures, or lack of adequate oxygen in the work environment.
Remember that the regulations and specifics of workers’ compensation can vary by jurisdiction, and some injuries or illnesses may not be covered in certain cases. It’s important for workers to understand their rights and the specifics of their employer’s workers’ compensation insurance policy.
