Workers’ compensation (also known as “workers’ comp”) involves a complex administrative law system, which deals with work-related injuries. Under the laws of the State of California, every employer is required to carry workers’ compensation insurance, or to be permissibly self-insured, in order to provide benefits for injuries suffered by their employees on the job. The California workers’ compensation laws provide for a “no-fault” system. In other words, an employee is entitled to receive workers’ compensation benefits even if it was his/her own fault they were injured. However, in order to receive these benefits, an injured employee must report the injury to his or her employer. It is important that an employee who sustains a work related injury report their industrial injury to their employer immediately.
Injuries covered by workers’ compensation may involve a one-time incident (referred to as a “specific injury”) or may occur over time (referred to as a “continuous trauma” injury). Specific injuries include injuries which occur from lifting heavy objects, a slip and fall, or a motor vehicle accident. Continuous trauma injuries may be caused by repetitive movements such as by prolonged typing, repetitive heavy lifting, or by ongoing job conditions such as exposure to chemicals, harassment or excessive work.
The California workers’ compensation system is premised on a trade-off between employees and employers. Employees are supposed to promptly receive the limited statutory California workers’ compensation benefits for on-the-job injuries. In return, the limited workers’ compensation benefits an injured worker receives are the “exclusive remedy” against their employer, even when the employer negligently caused the injury.
Unfortunately, litigation often results because the insurance carriers/claims administration companies often do not provide the injured employee with all the benefits they are entitled to under California workers’ compensation law.
There are five basic types of California workers’ compensation benefits available, depending on the nature, date and severity of the worker’s injury. Workers’ compensation benefits include:
- Medical treatment
- Temporary disability indemnity
- Permanent disability indemnity (settlement monies)
- Vocational Rehabilitation Voucher and/or Job Re-training
- Reimbursement for mileage and out of pocket expenses related to treatment
There are also potential death benefits. If your loved one has died in a work-related accident, there are benefits available to the dependents (usually the spouse and minor children of the deceased).
The attorneys, hearing representatives and paralegals at the Law Firm of Rowen, Gurvey & Win know the intricacies of the California workers’ compensation laws and are experienced in the litigation and negotiation process. Additionally, we pride ourselves in understanding industrial medicine. Thus, we can aid an injured worker in the very important decision of choosing whom their treating physician should be and ascertaining if, we believe, the injured worker is receiving all the appropriate medical treatment they are entitled to under the California workers’ compensation laws. Once the final medical reports are issued, we will strive to obtain the maximum settlement for the injured worker, taking into consideration the value of the permanent disability, the value of future medical care, as well as other legal considerations.
The Law Firm of Rowen, Gurvey & Win has recovered substantial settlements in a variety of different types of work-related injury claims. Many of the firm’s clients have received some of the largest settlements in the California workers’ compensation system. Some of these large settlements have involved:
- Toxic chemical and substance exposure claims
- Stress-related injuries
- Autoimmune conditions, including cancer
- Orthopedic injuries (from specific and cumulative trauma – repetitive work injuries)
- Fibromyalgia and other chronic pain syndromes
- Secondary psychological stress and internal medicine conditions
The Law Firm of Rowen, Gurvey & Win provides free consultations and information regarding all workers’ compensation claims. Appointments can be scheduled at any time during the weekdays or on Saturday. The firm is bi-lingual, including English and Spanish. According to California law, all attorney fees must be awarded by a Workers’ Compensation Judge, which come out of the claimant’s ultimate settlement/award. Please feel free to call us for a no obligation consultation.
Please see the Frequently Asked Questions (FAQ) section of our website for further information on the California workers’ compensation system and the benefits to injured workers, provided under the California workers’ compensation laws.
For further information and a free consultation , please contact us: (818) 981-9960.