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Workers’ compensation is financial compensation for an injury an employee gets during work. Getting injured on the job can be a tricky legal process in getting the proper compensation you deserve and requires the expertise of a Sacramento workers compensation attorney.
Work-related injuries vary, such as:
Workers’ compensation is a form of insurance that a company pays for to protect their workers. Unlike other insurance, there is no amount of money deducted in paychecks for workers’ compensation – the employer is obligated to pay for it as a part of doing business. In the state of California, this insurance has five basic benefits:
Unfortunately, under California law it is not required for independent contractors to be covered under the workers’ compensation of the company for which they work. As there is no exact definition of “independent contractor,” it can be difficult to determine if someone is an actual employee or an independent contractor.
When the person paying the worker behaves in the following ways, the court is likely to consider an employer/employee relationship:
Have you suffered a serious work injury? Contact workers’ compensation attorney at Mehlhop & Vogt Law Offices for FREE consultation about your California workers compensation claim benefits. Give us a call at (916) 930-9675 to speak with a Sacramento workers compensation attorney today.
Have you suffered a serious work injury? Contact a Sacramento workers compensation lawyer at the Mehlhop & Vogt Law Offices for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.
Give us a call at (916) 930-9675 to speak with a Sacramento Workers Compensation Lawyer Today.
There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.
I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.
I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.
Workers’ compensation in California is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. It is a form of insurance that employers are required to carry to protect their employees and provide them with benefits in case of work-related injuries or illnesses.
The California workers’ compensation system is governed by the California Workers’ Compensation Act, which establishes the rights and responsibilities of employers and employees. The primary goal of the system is to ensure that injured workers receive medical treatment, wage replacement, and other benefits, while also protecting employers from lawsuits related to workplace injuries.
Under California law, most employers are required to carry workers’ compensation insurance, regardless of the size of their business. There are a few exceptions, such as self-employed individuals without employees or certain types of agricultural workers.
When an employee is injured or becomes ill due to their job, they can file a workers’ compensation claim with their employer. The employer’s workers’ compensation insurance company then evaluates the claim and determines the benefits the injured worker is entitled to receive.
Workers’ compensation benefits in California can include medical treatment, temporary disability benefits (replacing a portion of lost wages while the worker recovers), permanent disability benefits (compensation for permanent impairments), vocational rehabilitation, and death benefits for surviving dependents in the case of a work-related fatality.
The California workers’ compensation system has specific rules and procedures that must be followed when filing a claim and seeking benefits. It is advisable for employees who have suffered work-related injuries or illnesses to consult with a workers compensation attorney in Sacramento or seek assistance from the California Division of Workers’ Compensation (DWC) to understand their rights and navigate the claims process effectively.
Have you suffered a serious work injury? Contact a Sacramento workers compensation lawyer at the Mehlhop & Vogt Law Offices for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.
Give us a call at (916) 930-9675 to speak with a Sacramento Workers Compensation Lawyer Today.
There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.
I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.
I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.
Temporary disability benefits are provided to employees who suffer from a work-related injury or illness that temporarily prevents them from performing their regular job duties. These benefits are intended to compensate for lost wages during the recovery period.
The benefit amount is generally two-thirds of the injured worker’s average weekly wage, subject to a maximum limit set by the state. The average weekly wage is calculated based on the earnings during the period before the injury.
Temporary disability benefits are typically paid until the worker reaches maximum medical improvement (MMI), which means their condition is stable and further medical treatment is not expected to result in significant improvement.
There is a waiting period before benefits begin. This means that the injured worker will not receive compensation for the first three days of disability unless they are disabled for more than 14 days.
Temporary disability benefits may also be subject to time limits, depending on the specific circumstances of the case.
Permanent disability benefits are provided to workers who suffer from a lasting impairment or disability due to a work-related injury or illness. These benefits are designed to compensate for the long-term impact on the worker’s ability to earn a living.
The benefit amount for permanent disability is calculated based on the impairment rating assigned by a qualified medical evaluator (QME) or an agreed medical evaluator (AME). The rating is then used to determine the percentage of disability, which affects the benefit amount.
The duration of permanent disability benefits varies based on the severity of the disability and other factors. In some cases, they may be paid in a lump sum, while in others, they may be spread over an extended period.
California law takes into account the injured worker’s age, occupation, and future earning capacity when determining the permanent disability benefit amount.
It’s important to note that navigating the workers’ compensation system can be complex, and individual cases may vary significantly. If you or someone you know is dealing with a work-related injury or illness, it’s advisable to consult with an experienced Sacramento workers’ compensation attorney to understand the specific benefits and rights applicable to your situation. Additionally, contacting the California Division of Workers’ Compensation or your employer’s workers’ compensation insurance carrier can provide you with more detailed and up-to-date information.
Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.
Give us a call at (916) 930-9675 to speak with a Sacramento Workers’ Compensation Attorney Today.
There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.
I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.
I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.
The time it takes to approve a California workers’ compensation claim can vary depending on several factors. These factors include the complexity of the claim, the availability of medical records and evidence, the cooperation of all parties involved, and any potential disputes or appeals that may arise.
In California, the claims process generally follows the following timeline:
Reporting the injury: It is important to report the work-related injury or illness to your employer as soon as possible. California law requires that you report the injury within 30 days, but it’s recommended to report it immediately to ensure timely processing.
Employer’s report: Once you report the injury, your employer is responsible for completing and submitting a report to their workers’ compensation insurance carrier within a specified timeframe (usually within five days). This report initiates the claims process.
Investigation and decision: The insurance carrier will conduct an investigation, which includes reviewing medical records and any other relevant evidence. They have 90 days from the date the claim form is received to make a decision regarding the claim’s approval or denial.
Temporary disability benefits: If your claim is approved, you may be entitled to temporary disability benefits to compensate for lost wages during your recovery. These benefits should begin within 14 days after your employer receives notice of your disability or becomes aware of your claim.
Medical treatment: Once your claim is approved, you should have access to appropriate medical treatment. The timeframe for treatment can vary depending on the nature and extent of your injury or illness.
Permanent disability rating: If your injury or illness results in permanent impairment, a medical evaluation will be conducted to determine your permanent disability rating. The rating will affect the amount of any permanent disability benefits you may receive.
It is important to note that the timeline provided is a general guideline, and there can be variations and delays at different stages of the process. Disputes or appeals can significantly extend the time it takes to resolve a claim. It’s recommended to consult with an experienced Sacramento workers’ compensation attorney to ensure that your rights are protected and to navigate the claims process effectively.
Have you suffered a serious work injury? Contact a Sacramento workers’ compensation attorney at the Mehlhop & Vogt Law Offices for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.
Give us a call at (916) 930-9675 to speak with a Sacramento Workers’ Compensation Attorney Today.
There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.
I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.
I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.
Workers compensation is insurance that provides wage replacement and medical benefits to employees who are injured in the course of employment. Any fraud that is committed with workers compensation can have serious repercussions. Since 1991, the California State Legislature and insurance industry programs have been working together to fight fraud and arrest and convict those people that participate in such activities.
They fight all types of workers’ compensation fraud including: premium fraud, claims fraud and provider fraud (medical, legal, and other service providers). Most of the penalties in workers’ compensation fraud can be charged as either misdemeanors or felonies because they are considered California wobblers. In most cases, workers’ compensation fraud is charged as a misdemeanor with a sentence of county jail for up to one year. If it is charged as a felony, the prison sentence could be two, three or five years and can go up to $150,000 in fines.
There are many different types of acts that are considered fraud in workers compensation. For instance, knowingly making or presenting a false statement for the purpose of obtaining compensation benefits is considered fraud. Likewise, if you make a false statement about eligibility for benefits or submit multiple claims for payment of a health care benefit covered by workers’ compensation insurance for the same injury, you could be charged for committing fraud.
You are also committing fraud if you aid or participate in a conspiracy to commit workers’ compensation fraud or refer or accept any business from a person knowing that he or she intends to commit workers’ compensation fraud. If you are charged with workers’ compensation fraud in California, contact an experienced Sacramento criminal defense attorney who may be able to get your charges reduced either because you did not act knowingly it was fraudulent or because there is insufficient evidence to support the charges.
Have you suffered a serious work injury? Contact our work compensation attorneys for FREE consultation about your California workers compensation claim benefits. We’ve been helping injured workers since 1987 and are certified by the State Bar of California.
Give us a call at (916) 930-9675 to speak to a work comp attorney in Sacramento now.
There was excellent communication. If I didn’t understand something, Adam explained it. I was informed of what to be expected as the case was moving along. Very satisfied with the service.
I am very pleased with the services provided by Mehlhop & Vogt. The firm knows what they are doing and gets stuff done! I always felt respected and cared for. Adam always answered my questions right away and with great detail.
I liked the way Mr. Mehlhop handled my case, he was very professional at all times. I feel like he did the best he could considering my wages.