Workers’ compensation is designed to help you recover financially after a workplace injury or illness, but the process can be overwhelming. If you’re unsure about how to proceed or what to expect, we’re here to help. Below are answers to the most common questions about workers’ compensation claims.

  1. What Is Workers’ Compensation?

Workers’ compensation is a form of insurance that provides financial benefits to employees who suffer work-related injuries or illnesses. It covers medical expenses, lost wages, and other costs associated with the injury, helping to reduce the financial strain on workers and their families.

  1. How Does Workers’ Compensation Work?

Employers purchase workers’ compensation insurance to protect themselves from liability when an employee gets injured on the job. Once you report your injury, your employer will file a claim with their insurance provider. If the claim is approved, you will receive compensation for your medical bills, lost wages, and other related expenses.

  1. What Does Workers’ Compensation Cover?

Workers’ compensation typically covers:

  • Medical expenses: Doctor visits, surgeries, medications, rehabilitation, etc.
  • Lost wages: Partial wage replacement if you cannot work temporarily or permanently.
  • Ongoing care costs: For severe injuries requiring long-term treatment.
  • Funeral expenses: In the case of a workplace-related death.

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  1. What Is Not Covered by Workers’ Compensation?

Certain situations may disqualify you from receiving benefits, such as:

  • Injuries resulting from fights you started.
  • Injuries caused by intoxication or drug use at work.
  • Self-inflicted or intentional injuries.
  • Emotional distress without accompanying physical harm (varies by jurisdiction).
  1. Who Pays for Workers’ Compensation Benefits?

Employers purchase workers’ compensation insurance to cover employee injuries. When you file a claim, the insurance company—not your employer—provides the compensation.

  1. What Should an Employee Do If They Become Injured?

If you’re injured on the job, take these steps immediately:

  • Report the injury to your employer, noting the time, location, and circumstances.
  • Document everything, including witnesses and photographs of the accident scene if possible.
  • Seek medical attention to ensure your injuries are treated and recorded.

Prompt reporting strengthens your claim and ensures timely processing.

  1. How Do I File a Workers’ Compensation Claim?

After reporting your injury, your employer should file a claim with their workers’ compensation insurance provider. If your employer delays or refuses to file the claim, you can take legal action to protect your rights. Contact our attorneys if you encounter any issues with the filing process.

  1. Can You Receive Social Security, Disability, or Unemployment Benefits While on Workers’ Compensation?

Yes, you may still qualify for these benefits while receiving workers’ compensation. However, the amount you receive from each program might be adjusted to account for overlap. Speak with your employer’s benefits administrator or an attorney to clarify your specific entitlements.

  1. Are Employers Required to Have Workers’ Compensation Insurance?

Yes, in California and most other states, employers are legally required to carry workers’ compensation insurance. Exceptions may apply to independent contractors, domestic workers in private homes, and volunteers. If your employer doesn’t have coverage, you may be able to file a claim with your state’s workers’ compensation fund.

  1. How Do Employers Purchase Workers’ Compensation Insurance?

Employers can purchase workers’ compensation insurance through private companies or state-funded programs. The cost of coverage depends on factors like the size of their payroll, the nature of the work, and the number of employees.

Contact E&L, LLP for Help with Your Workers’ Compensation Claim

Suffering a workplace injury is challenging enough without the added stress of navigating a complicated claims process. If your employer is negligent or fails to file your claim properly, we’re here to help you fight for the compensation you deserve.

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(213) 213-0000

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