Workers' CompensationLitigation: It's What We Do.
Calabasas Workers’ Compensation Attorney
Protecting Employee Rights in California
Whether a person works at an office or as a construction worker or first responder, accidents happen. Depending on the circumstances, a person may have serious injuries which can inhibit their ability to work and move. These injuries not only require medical attention and therapy for weeks or even years.
Workers’’ compensation insurance is federally mandated and provides a safety net for employees who sustain injuries on the clock. It is crucial that workers’ understand their worker’s comp policy and their right to compensation if injured. At Gaines & Gaines, we believe in protecting the rights of employees and advocating for their best interests. From employment disputes to injuries, our attorneys are experienced and qualified to assist with a variety of cases.
If you or a loved one has been injured in the workplace, call Gaines & Gaines at (866) 400-4450. Our firm can take care of the legal issues so you can focus on recovery.
Understanding Workers’ Compensation
Employers are required under federal law to obtain workers’ compensation insurance which covers injured employees and the cost for employers. In general, workers’ compensation covers wage replacement, medical treatment, vocational rehabilitation, and other losses an employee may go through after an accident.
Under the insurance requirement employers are grouped into classes that determine rates for each class varying depending on the number of employees and the type of business. For example a company with 900 employees may have a higher policy than a small business with only nine employees. It’s also important to note that high risk jobs may require a larger policy than office work or remote positions.
Regardless of the size of a company, a workers’ compensation plan should cover employees if they get injured at work. However, some employees may not qualify for benefits in some cases.
Injuries Not Covered by Insurance
While workers’ compensation plans cover injuries workers may sustain, they do not cover injuries that happen off site or off the clock. It’s also important to note that if an injury occurs due to negligence, it may not be covered by workers’ compensation insurance.
For example, if an employee uses a piece of machinery improperly and gets hurt their injury may not qualify for workers’ compensation. Additionally, if a person sustains an injury outside of company property, it may not be a ‘workplace’ injury.
Injuries That Are Covered by Workers’ Comp
Injuries that occur on company property or are the direct result of an issue with equipment or working conditions may fall under workers’ compensation guidelines. Some injuries may be more evident like a broken bone from a fall but other workplace injuries could include long-term injuries from continuous or repetitive motions.
Additional illnesses that may be considered a workplace injury include:
- Cancer from exposure to carcinogens
- Breathing problems
- Complex Regional Pain Syndrome
- Chemical exposure
- Heard disease.
- Psychiatric illnesses
These injuries and illnesses can be the result of working conditions and may be covered by a company’s compensation policy.
Protecting Your Right to Compensation
If you are injured at work, there are many issues to consider. You may lose mobility, wages, and quality of life or sustain permanent, lasting injuries that require extensive medical intervention and care. Employers are not legally allowed to terminate employment due to a person’s injury and should provide proper compensation for qualifying illnesses.
However, filing a workers’ compensation claim is complicated and dealing with insurance companies can be frustrating. If you or a loved one has been hurt in a workplace accident or due to hazardous conditions, our attorneys at Gaines & Gaines can help.
Our firm has helped countless clients recover the compensation they deserve after an accident. Injuries, especially those that are the result of an accident at work or poor working conditions can have lifelong consequences and can cost thousands of dollars. Workers’ compensation insurance is meant to cover these losses, but employees may face hurdles when attempting to claim their rightful compensation.
Gaines & Gaines can help you get the compensation you deserve so you can focus on getting the rest you need to recover. Contact our Calabasas workers’ compensation attorney to find out how we can advocate for you.