You have been injured at work. You may have received a sudden, direct trauma, (specific injury), or you may have just noticed the pain growing gradually after doing the same type of work day after day (cumulative trauma). You know you are now in pain. You are having trouble keeping up, or just simply cannot do your work.
You are worried. You don’t know what to do. What’s going to happen with your job? You don’t know if you will heal. You don’t know if you will be able to continue working.
Maybe your boss doesn’t believe you. Maybe you believe the doctors are working for your employer, or the insurance company. Worse yet, maybe you haven’t even reported the injury because you’re afraid what your boss will say, or because you don’t want to be a “complainer”.
Sound familiar? Then this article is for you. It is not a complete guide to orange county workers’ compensation law, but it will get you started in the right direction.
The orange county Workers’ Compensation system (notice it is no longer “Workmen’s Compensation system”) was started at the beginning of the 20th century as a compromise between workers and employers to provide very basic medical and disability benefits to all workers, regardless of fault. That means, no matter what or who caused the accident, if you are hurt on the job, with very few exceptions, your employer pays for your medical care.
Your employer is required by law to have insurance for workplace injuries. That means that your employer’s insurance company is actually paying the benefits. Often the employer may act as if the money is coming directly out of his or her pocket. It usually isn’t. The injury and benefits paid will usually affect your employer’s insurance rates, but insurance pays your benefits, not your employer.
Are you covered by workers’ compensation? If you are working for someone else, as his or her employee, then you are almost certainly covered for any injury occurring in the work place, which occurred while you were doing your job.
Even if you are an “independent contractor”, you may be legally considered an “employee” for purposes of workers compensation. Check it out.
More info: Workers compensation attorney orange county