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 a valid and compensable injury it must cause disability (missed time from work) or medical treatment more than first aid. When an injury is compensable then 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 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 and job retraining are available.
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