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:
If you’ve been injured on the job as an independent contractor, it’s important to seek legal advice from a Sacramento workers compensation lawyer who understands the complicated legal process.
Employers have certain responsibilities to their employers regarding worker’s compensation. This includes:
After an injury has occurred, employers are obligated to do the following:
Doctors in the workers’ compensation system are required to provide medical treatment that has been proven to be effective in treating whatever specific injury or illness the individual is suffering from. There are specific guidelines that specify the exact treatments are effective for particular injuries and illness. These guidelines also go over how often these treatment should be given, how long treatment should last, and the extent or intensity of the treatment, as well as other aspects of treatment. This means there are limits to certain treatments, such as chiropractic therapy, physical therapy, occupational therapy, etc.
Because there are so many details and various circumstances in which an employee can get injured on the job, it’s best to seek legal advice from a Sacramento workers compensation lawyer at our office to ensure you’re getting the compensation you truly deserve.
Temporary disability is when a person’s illness or injury temporarily makes them unable to do their usual job. Benefits are paid to this individual through workers’ compensation, depending on whether the individual can work part or none of their usual hours. Temporary disability payments are typically about 67% of the pre-tax wages, tips, food, lodging, overtime, bonuses, etc. that the employee usually enjoys. There is a maximum amount set annually for what one person may receive each week.
Temporary disability payments begin when your doctor determines you cannot return to work as usual for three or more days or if you are hospitalized overnight. The payments are given out every two weeks and typically stop when you return to work or when you are released back to work by your doctor. After 2004, temporary disability payments were limited to 104 weeks.
Permanent disability is when a worker has any lasting disability which decreases his or her earning capacity after medical treatment has completed. Individuals whose illness or injury resulted in permanent disability are entitled to benefits, even if they return to work. These benefits may not cover all lost income.
Your physician will be able to determine if a loss in the ability to work is due to an injury or illness and whether any more recovery is likely. When the maximal medical improvement is reached, or the illness or injury is permanent and stationary, you are considered to have permanent disability. A report will be sent from the doctor to the claims administrator, describing the loss of earning capacity and whether any other factors contributed to your permanent disability status.
Permanent disability benefits are determined by considering the following:
Have you suffered a serious work injury? Contact our Sacramento workers compensation attorney at 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 .
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.
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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.