Frequently Asked Questions
Get The Help You Need Seeking Benefits
Workers’ compensation can seem frustrating and overwhelming from the outside. It requires great attention to detail and patience to navigate the red tape and get the benefits you need. It is important to have someone on your side whom you trust to help you.
At Carrazco Law we are experienced workers’ comp lawyers: In fact, it is a large part of our practice. We are able to answer some common questions we receive.
What should I do if I am injured on the job?
It is important that you report the injury to your supervisor. They may have their own protocols, which you should follow in order to best prepare yourself for a potential workers’ compensation case. After reporting the injury, you may need to fill out some paperwork. The safest thing to do is consult an attorney, who can make sure you follow the right steps.
Am I covered by workers’ comp?
Every worker is covered, even undocumented immigrants. Companies are required to hold workers’ compensation coverage in the event of an accident at work.
Can I get workers’ comp benefits no matter what if I’m injured at work?
Though generally, workers’ compensation applies to nearly any injury sustained at work, if the accident was caused by your consumption of alcohol or use of drugs, it is possible your claim will be denied.
How much will my benefits be for?
It varies based on your current pay level and your injury. Your workers’ comp benefits will never be greater than your current pay.
What are my benefits?
1. Medical care: paid for by your employer, to help you recover from an injury or illness caused by work.
2. Temporary disability benefits: payments if you lose wages because your injury prevents you from doing your usual job while recovering. Permanent disability benefits are payments if you don’t recover completely.
3. Supplemental job displacement benefits (if your date of injury is in 2004 or later): vouchers to help pay for retraining or skill enhancement if you don’t recover completely and don’t return to work for your employers.
4. Death benefits: payments to your spouse, children or other dependents if you die from a job injury or illness.
Can I receive disability benefits and workers’ comp, too?
Yes, in California you can receive both disability benefits and workers’ compensation, although they may not add up to a certain percentage of your previous salary or pay. At that point, your benefits will be reduced.