Workers Compensation
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Worker's Compensation is the oldest social insurance program in the country and was adopted in most states including California in the 1920's. A no-fault system, injured employees do not have to prove that their injury was someone else's fault. Employees receive limited statutory worker's compensation benefits for on-the-job injuries as the exclusive remedy against their employer even when the employer negligently causes the injury. Litigation usually centers on whether the injury was sustained on-the-job or the benefit amount an injured worker is entitled to receive. Regardless of immigration status, people injured on the job or who become physically ill because of their job, are eligible for workers compensation benefits. Depending on their injury's nature and severity, workers may be entitled to: medical care, temporary disability benefits, permanent disability benefits, vocational rehabilitation services, and death benefits. Worker's compensation is administered by insurance companies authorized to transact worker's compensation and employers who are self-insured. California’s Department of Industrial Relations (Division of Worker’s Compensation) monitors the administration of workers' compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers' compensation benefits. http://www.dir.ca.gov/DWC/dwc_home_page.htm Employers must provide the insurance; any deductions from an employee's pay are unlawful. When employers become aware of an on-the-job injury they are mandated to begin the process of providing any benefits to the worker through their insurer. When the worker and employer disagree over any aspect of the claim, the worker files a complaint with the employer's insurance company and with the California Workers Compensation Appeals Board. http://www.dir.ca.gov/WCAB/wcab.htm If employers are uninsured, workers can bring their claims to the California Uninsured Employers Fund. Injured workers should see a doctor immediately to properly document their claim. They must file a claim within one year. If fired for filing a claim, employees may file a retaliation claim with the Workers Compensation Appeal Board within one year. If denied benefits, the employee has the right to appeal.