Workers Compensation
Have you been injured or permanently disabled due to a work-related accident? If so, you may need the services of workers' compensation attorney James D. Rush. In the state of California, workers' compensation law is a no fault system. This means you are entitled to benefits, whether the accident was your fault or your employer’s fault. Contact the Law Offices of James D. Rush today for a free consultation regarding your workers' compensation case. There is no fee unless we collect for you.
Workers’ compensation law in California requires only that the injured worker prove the injury happened during the course and scope of employment. According to the California Workers’ Compensation system, injuries can be:
- Specific—an injury that occurs at a specific moment, such as a slip and fall
- Cumulative—an injury that occurs over time, such as carpal tunnel syndrome, back or knee injuries from prolonged lifting, internal injuries from exposure to dangerous chemicals
- Psychiatric, mental, or emotional—although these type of injuries are recognized by California Workers’ Compensation Law, they are the most difficult to prove. Work stresses must be the predominant cause of the psychological or emotional injuries. Special circumstances such as a traumatic event, like a bank robbery, can cause psychiatric injuries that are easier to prove, but the injured employee must have been working for at least six months to qualify.
Benefits under California Workers’ Compensation Law
Temporary Disability - paid to an injured worker who is unable to work as a result of their work injury, as stated by a doctor. These payments can continue until the injured worker is able to return to work, the condition is found to be permanent and stationary, or the condition has reached maximum medical improvement. A doctor must be the one to determine the condition of the injured worker’s abilities. In the case of permanent and stationary, the condition is not expected to get better or worse, although medical care may still be necessary. Many times, the company insurance want's the injuries declared permanent and stationary to terminate the benefits. You may request a second opinion if your doctor has declared your condition to be permanent and stationary and you disagree.
Medical Treatment - an injured worker is to receive all reasonable and necessary medical care for a work injury, as stated by the California Workers’ Compensation Law. In the case of what is deemed “reasonable and necessary,“ a workers' compensation judge determines appropriate treatment. All treatment is subject to a review by an outside doctor, that has not seen the injured worker, called a Utilization Review. Treatments must also comply with ACOEM, or the American College of Occupational and Environmental Medicine.
Permanent Partial Disability - after an injured worker is declared permanent and stationary, a doctor must evaluate to determine whether or not there is permanent disability as a result of the work injury. There are no benefits for pain and suffering under California Workers’ Compensation Law. The permanent disability is determined on a scale of 0% to 100%, and each percentage of disability equals a certain amount of money. After disability has been established, the worker is entitled to either an Award of permanent disability, paid in weekly amounts with medical care, or a Compromise and Release; a lump sum payment with no further medical care paid for by the workers' compensation insurance company.
Take Action Now
If you have been injured in the course of your job, contact our law firm today for a free consultation regarding your case. We will stand by you and make sure your rights are protected. Workers’ compensation law is a complicated matter and our attorneys can help explain your options and rights to ensure you are treated fairly.
