Q.
While I was moving boxes at work, I lost my balance and fell, injuring my back and legs.
Is there any way I can get compensation for my injuries?
FYI, I currently do not have health insurance.
A.
You may be entitled to compensation through Workers' Compensation for employees.
Workers' compensation insurance is a system that protects employees by providing them with certain financial compensation when they are injured at work, while also protecting employers from unexpected accidents and the resulting costs.
The important thing to note here is that regardless of whether the employer or the employee was responsible for the accident, an injured employee can receive compensation through workers' compensation insurance.
However, if an employee receives compensation for an injury through workers' compensation insurance, he or she cannot sue the employer for personal liability for the injury.
Please note that if you were injured by a third party other than your employer or coworker, you can file a lawsuit against the third party who caused your injury.
If your employer does not have the above insurance, you may be able to receive compensation for your injury through California's Uninsured Employers Fund (“UEF”). You
may also be able to file a lawsuit against your employer for your injury.
Please note that regardless of your status as an employee, you can receive the benefits of the above insurance even if you are an illegal alien.
[What is the scope of compensation?]
Depending on the type and severity of the injury, the scope of compensation may vary. Generally, the following is what you can receive in compensation:
- If you incur medical expenses, you can claim medical expenses incurred to treat your injury or illness.
- If you are unable to work due to injury or illness, you may be able to claim lost wages.
- If you become permanently disabled, you may be entitled to financial compensation.
- If your injury or illness leaves you unable to do your previous job, you may also be able to claim rehabilitation costs needed to get a new job.
- In the event of a fatal accident, a certain amount of compensation is paid to the family of the deceased employee.
[How to respond when an injury occurs at work]
- If you are injured, the first thing you should do is to report the accident to your employer or manager as soon as possible.
Please note that if you do not report the accident to your employer within 30 days, you may have trouble receiving coverage under your workers’ compensation insurance. - If you require emergency treatment, go to the hospital immediately and receive treatment.
- An employer who becomes aware of an accident must give the employee a document (DWC1) to submit to the insurance company within 24 hours, and the employee must fill it out and give it to the employer.
- Except for emergency treatment, examinations and treatment for injuries must be conducted at a hospital designated by the employer.
However, if the treatment period exceeds 30 days, the employee may then select a hospital of his or her choice.
[Can I be fired for filing a workers' compensation claim?]
Filing a workers' compensation claim is a legally protected right.
If you are fired or unfairly discriminated against because you filed a workers' compensation claim, you can file a lawsuit in court.
If a situation like the above occurs, we recommend that you seek the help of a lawyer.
(For reference, if you are seriously injured, the insurance company is more likely to offer insufficient compensation compared to the extent of your injury, so it is important to seek the help of a lawyer specializing in personal injury law to receive appropriate and sufficient compensation.)
[Employer Obligations Under California Labor Law]
Under California law, employers with one or more employees are required to carry workers' compensation insurance.
However, if you are a sole proprietor or a married couple, you are not required to carry workers' compensation insurance.
Under California labor law, employers who fail to carry workers' compensation insurance may be subject to a criminal fine of up to $10,000 and/or imprisonment for up to one year, and the state may impose an additional fine of $100,000.
Additionally, employers who do not have insurance must pay all costs resulting from injury or illness themselves.
Q.
While I was moving boxes at work, I lost my balance and fell, injuring my back and legs.
Is there any way I can get compensation for my injuries?
FYI, I currently do not have health insurance.
A.
You may be entitled to compensation through Workers' Compensation for employees.
Workers' compensation insurance is a system that protects employees by providing them with certain financial compensation when they are injured at work, while also protecting employers from unexpected accidents and the resulting costs.
The important thing to note here is that regardless of whether the employer or the employee was responsible for the accident, an injured employee can receive compensation through workers' compensation insurance.
However, if an employee receives compensation for an injury through workers' compensation insurance, he or she cannot sue the employer for personal liability for the injury.
Please note that if you were injured by a third party other than your employer or coworker, you can file a lawsuit against the third party who caused your injury.
If your employer does not have the above insurance, you may be able to receive compensation for your injury through California's Uninsured Employers Fund (“UEF”). You
may also be able to file a lawsuit against your employer for your injury.
Please note that regardless of your status as an employee, you can receive the benefits of the above insurance even if you are an illegal alien.
[What is the scope of compensation?]
Depending on the type and severity of the injury, the scope of compensation may vary. Generally, the following is what you can receive in compensation:
[How to respond when an injury occurs at work]
Please note that if you do not report the accident to your employer within 30 days, you may have trouble receiving coverage under your workers’ compensation insurance.
However, if the treatment period exceeds 30 days, the employee may then select a hospital of his or her choice.
[Can I be fired for filing a workers' compensation claim?]
Filing a workers' compensation claim is a legally protected right.
If you are fired or unfairly discriminated against because you filed a workers' compensation claim, you can file a lawsuit in court.
If a situation like the above occurs, we recommend that you seek the help of a lawyer.
(For reference, if you are seriously injured, the insurance company is more likely to offer insufficient compensation compared to the extent of your injury, so it is important to seek the help of a lawyer specializing in personal injury law to receive appropriate and sufficient compensation.)
[Employer Obligations Under California Labor Law]
Under California law, employers with one or more employees are required to carry workers' compensation insurance.
However, if you are a sole proprietor or a married couple, you are not required to carry workers' compensation insurance.
Under California labor law, employers who fail to carry workers' compensation insurance may be subject to a criminal fine of up to $10,000 and/or imprisonment for up to one year, and the state may impose an additional fine of $100,000.
Additionally, employers who do not have insurance must pay all costs resulting from injury or illness themselves.