A workers compensation injury is defined in California’s Labor Code Section 3208 as any injury or disease arising out of employment. It can be physical or mental (non physical) harm. To be compensable the injury must produce disability or medical treatment more than first aid.
Workers compensation benefits are usually the exclusive remedy available to the injured worker. The system is designed to compensate injured workers for disabilities that occur on the job and to provide medical treatment that is reasonable and necessary to cure or relieve the effects of an injury.
An injured worker does not have to prove anyone was at fault for causing the injury. The trade-off for the employer is there are limited damages payments that are set forth by statute. No compensation is paid for pain and suffering and other general damages like those in personal injury lawsuits. However, wages are paid while the injured worker is off work, and in some instances, additional permanent compensation or job retraining are available.
The Law passed by the state Legislature more than 85 years ago, guarantees prompt, automatic benefits to workers injured on the job. Before workers’ compensation, injured workers had to sue their employers to recover medical costs and lost wages. Lawsuits took months and sometimes years. Juries and judges had to decide who was at fault and how much, if anything, would be paid. Too often, the injured worker got nothing. It was costly, time consuming and unfair.
Today, workers’ compensation is faster and fairer. If you cannot work because of a job injury, workers’ compensation pays your medical bills and provides money to help replace your lost income until you can return to work.
Have you suffered a serious work injury? Contact our Sacramento workers compensation attorney 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.
Senate Bill 899 was enacted into law on April 19, 2004. The following is a summary of some of the important changes in the law resulting from this bill.
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.