Top 10 Workers’ Compensation Questions

As leading workers’ compensation attorneys in Orange County, California, Koh Legal Group has helped countless clients secure full and fair compensation after a serious workplace injury. Struggling to access your workers’ comp benefits? Get legal assistance with your claim today.

Everyone deserves to work in a safe, hazard-free workplace, but that’s not always what they get. Fortunately, employees who suffer work-related injuries or illnesses in California can access the critical benefits through workers’ compensation claims. 

Despite being a widespread requirement for practically every employer in California, workers’ compensation insurance coverage is not well understood by most individuals — until they need it. Navigating workers’ comp benefits when you are injured is difficult, especially without expert legal guidance, but you don’t have to do it alone.

If you have questions about workers’ compensation in California, don’t worry: Koh Legal Group has you covered. The best way to find answers is by speaking with an experienced workers’ comp lawyer in Santa Ana. In the meantime, check out our top 10 workers’ compensation questions and start approaching your claim with confidence. 

Simply put, workers’ compensation is a system designed to provide benefits to employees who suffer work-related injuries or illnesses. In California, workers’ comp is a no-fault insurance program, meaning injured employees can access a wide range of benefits — from medical treatment to disability payments to vocational rehabilitation services — regardless of who was at fault for the injury or illness. In doing so, the workers’ compensation system ensures injured employees receive the resources they deserve and protects employers from injury-related lawsuits. 

Practically all California employers are required to carry workers’ compensation insurance to cover medical expenses, lost wages, and rehabilitation costs for injured workers. After an employee suffers a work-related injury or discovers a work-related illness, they must promptly report it to their employer and file a workers’ compensation claim. At that point, the employer’s insurance carrier takes over the claim, covering medical treatment and providing the necessary benefits while the employee recovers.

An injured worker’s eligibility to receive certain workers’ compensation benefits depends on the unique details of their situation. That being said, employees may be eligible to receive a wide range of of workers’ comp benefits, including the following: 

Although it will depend on your specific situation, you should be able to access the above-listed benefits through your workers’ compensation claim. If you’re struggling to secure the help you need, a workers’ compensation attorney can help you pursue maximum benefits. 

Keep in mind that being an employee and having an injury does not necessarily mean you are entitled to workers’ comp. Workers’ compensation insurance does not cover injuries or illness that are not directly related to an employee’s job duties. For example, you are unlikely to receive workers’ comp benefits for injuries you sustain while commuting to work one morning. 

Injuries that are intentional or self-inflicted, due to intoxication or drug use, or sustained while violating workplace safety rules are not typically covered by workers’ compensation insurance. Additionally, psychological injuries such as stress or mental health conditions that are not supported with medical evidence are unlikely to qualify. 

Under California workers’ compensation law, employers are responsible for acquiring, maintaining, and paying for workers’ compensation insurance from a qualifying insurance company. Employers must pay the premiums for workers’ compensation benefits and cannot ask employees to make contributions. The employer’s insurance carrier is responsible for paying out workers’ compensation benefits to employees. 

Yes — injured workers who are collecting workers’ compensation benefits are still eligible to receive other types of benefits, depending on what they are. For example, an injured worker collecting temporary disability benefits generally cannot receive unemployment benefits at the same time, as these benefits are reserved for unemployed individuals who are able and available to work. 

Injured employees can still receive Social Security Disability Insurance (SSDI) benefits while on workers’ comp, although they may be reduced. Private disability insurance benefits can also be received simultaneously. If you have multiple benefit claims, you may want to report them to relevant agencies to ensure compliance. 

According to California Labor Code Section 132a, it is illegal for an employer to fire an employee in retaliation for filing a workers’ compensation claim. Employers cannot discriminate or retaliate against employees for seeking workers’ compensation benefits for their work-related injuries or illnesses. However, an employer can fire an employee who is receiving workers’ comp benefits if it is for legitimate issues — including company-wide layoffs, performance issues, and misconduct — unrelated to the workers’ comp claim. 

In California, any business with one or more employees, including part-time and temporary workers, is required to carry workers’ compensation insurance. This mandate is designed to ensure that all California workers are protected from the negative ramifications of work-place injuries and illnesses, regardless of their status or industry. Employers can obtain workers’ comp insurance through private companies, the State Compensation Insurance Fund, and, in some cases, by self-insuring — as long as they have it. 

The amount you recover from a workers’ compensation claim in California is highly dependent on the specifics of your case. Factors that affect your payout include the nature and severity of your injury, your average weekly wage, and which benefits you are entitled to. If you are unsure what you are owed or need help securing workers’ compensation benefits, the best way to find answers is by speaking with an experienced California workers’ comp lawyer. 

There is no legal requirement to hire a workers’ compensation attorney to file a claim in California. That being said, partnering with a skilled lawyer may benefit you in many ways, especially if you are dealing with a highly complex case. 

A dedicated workers’ compensation lawyer can help you navigate the workers’ comp system, offering the expert guidance you need to maximize your benefits. They can also handle disputes, negotiate settlements on your behalf, and represent you in hearings before the Workers’ Compensation Appeals Board. 

If you are facing challenges with your workers’ comp claim, Attorney James Koh can help. With years of experience navigating workers’ compensation claims and personal injury lawsuits in California, he provides the expertise and resources needed to secure the best possible outcome for your case.