Frequently Asked Questions

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Frequently Asked Questions2020-02-03T08:45:33-08:00
What is Workers Compensation?2020-01-22T17:08:08-08:00

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.

When is an Injury Compensable?2020-01-22T17:08:37-08:00

When an injured worker has a valid work injury it is compensable. The California compensability statute is Labor Code Section 3600. In order for an injury to be compensable, it must arise out of and occur during the course of employment. This rule is commonly referred to as AOE/COE. To determine if something arises out of the employment we look to the origin of the risk. Did the risk grow out of work-related activity, was it a mixed cause or was it purely personal? If the origin of the injury was purely personal then it may not be work related. However, even personal comforts like going to use the restroom are considered to be work related because they are incidental to the employment.

What Should I do if I am Hurt on the Job or During the Course of Working for an Employer?2020-01-22T17:09:19-08:00

You should take care of your injury and preserve your rights. This is done by reporting the injury  to your employer or immediate supervisor and seeking medical treatment right away.  If you are not provided a claim form try document the reporting in writing or in front of witnesses. As soon as you are aware that an injury or condition is caused or aggravated by your work, you should contact your employer and explain the circumstances of the inj