Maison Law represents injured workers in Ridgecrest. If you or a loved one has filed a workers’ compensation claim for their work-related injuries but has not received the proper care through workers’ compensation, Maison Law will take the necessary legal steps to fully recover your damages. Contact Maison Law today for a free consultation and case evaluation.
Your Rights to Workers’ Compensation in Ridgecrest
The state of California recognizes the importance of protecting employees who sustain work-related injuries. Workers’ compensation is designed to provide crucial benefits to injured victims, ensuring they receive medical treatment, compensation for lost wages, and assistance in returning to the workforce.
These benefits serve as a foundation of labor rights for workers in Ridgecrest, which also provides protection for employees when they are too injured to work. These protections include:
- Protection from Retaliation: protection from retaliation is an essential right that prevents employers from taking adverse actions against employees for the sole reason of filing a workers’ compensation claim. Injured employees are also protected from the following employer actions:
- Termination
- Reduction of work hours
- Demotion
- Punitive measures
- Presumption of Retaliation: if an employer terminates an employee within 90 days of the employee filing a workers’ compensation claim, the employee is protected under the California Law of presumption of retaliation.
- Legal Recourse: wrongful termination while on workers’ compensation requires prompt action by the injured employee to ensure their rights are protected. A workers’ compensation attorney can provide valuable legal guidance and advocate on your behalf by gathering evidence to support your claim and represent your interests in legal proceedings.
- The Ability to Seek Redress: to seek redress for wrongfully denied claims or premature termination, injured workers can submit their claim to California’s Division of Worker’s Compensation. This department provides injured employees with the proper steps to resolve workers’ compensation issues under California Law.
Employer Requirements in Ridgecrest Workers’ Compensation Claims
Employers are required to provide employees with a safe place to work and to prevent injuries for all occupations in the city of Ridgecrest. If an employee is injured, an employer must complete a First Report of Injury form and send it to their workers’ compensation carrier. It is also the responsibility of the employer to ensure they do not violate any laws or rights of their employees. Employers are also required to cooperate with their workers’ compensation carrier, the insurance claims adjuster, and any workers’ compensation attorney who may be investigating the case.
Factors that Can Impact Your Ridgecrest Workers’ Compensation Claim
If you work in the city of Ridgecrest and you suffer an on-the-job injury, you will most likely have medical bills and ongoing expenses. Your employer’s liability will depend on your employment classification. If you are a full-time, part-time, or seasonal employee in Ridgecrest, then you will be provided workers’ compensation through your company.
By California law, all employers with at least one employee must maintain workers’ compensation coverage for their employees. So, for example, even if you are the sole employee of a homeowner who has hired you to maintain their property, you are entitled to workers’ compensation if you are injured on the job.
If you’re an independent contractor, then you are not entitled to workers’ compensation benefits. For example, if Microsoft hires you as an independently contracted plumber to fix the plumbing and you get hurt while working, Microsoft is not obligated to provide you with workers’ compensation.
However, any company hiring a contractor must state that the person they are hiring is an “independent contractor” in writing. If an employer misclassifies a contractor as anything other than an independent contractor and they get hurt on the job, then they may be able to recover workers’ compensation.
Types of Worker’s Compensation Settlements in Ridgecrest
Worker’s compensation can be settled through a compromise and release, or a stipulation and award. The difference between these types of settlements can have a substantial impact on lawsuits, which is why it is important to consult with a Worker’s Compensation Attorney before accepting one.
Under a compromise and release settlement, the insurer will offer you a lump sum of money to settle your lawsuit. This settlement can be accepted all at once or spread out over time in a structured settlement. This amount typically reflects your lost wages, ongoing treatment, and out-of-pocket expenses. Once this settlement is accepted, your worker’s compensation claim is closed.
While less common in worker’s compensation claims, a stipulation award is a settlement that creates an ongoing relationship between the injured victim and the insurer. The insurer agrees to continue to pay medical bills associated with the work-related accident while continuing to pay disability benefits caused by your impairment.
FAQ
Q: What benefits am I entitled to through workers’ compensation?
A: Medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, and death benefits.
Q: Can my employer take part of my check to pay for workers’ compensation?
A: No. Workers’ compensation insurance is part of the cost of doing business in California. An employer cannot ask you to help pay for the insurance premium.
Q: Is there supposed to be a poster about workers’ compensation posted in my workplace?
A: Yes. Your employer must post the notice to employees poster. This poster will provide you with information on workers’ compensation coverage and where to get medical care for injuries. Failure to post this notice is a misdemeanor with a penalty of up to $7,000 per violation.
Q: What if I am injured on the job and my employer is uninsured?
A: If you have a work-related injury or illness and your employer is uninsured, then your employer is responsible for paying all bills related to your injury or illness. Failing to have workers’ compensation coverage is a misdemeanor, punishable by either a fine of up to $10,000 or imprisonment for up to a year.
Contact a Ridgecrest Workers’ Compensation Lawyer in California
If you are injured on the job in Ridgecrest, you will receive temporary disability benefits through workers’ compensation, even if you were at fault for causing the accident that led to your injury. To begin receiving workers’ compensation benefits you do not need a lawyer. However, an attorney will ensure you receive the maximum amount of benefits from your workers’ compensation claim and protect you from liability if necessary. To discuss your claim with an attorney, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a dime unless we win your case.
