Irvine Worker’s Compensation Lawyer
Worker’s compensation benefits should ensure that injured workers receive necessary medical treatment, provide them with a portion of their wages while they recover, and aid an employee in their return to work.
Worker’s compensation benefits are necessary because a work-related injury can change the scope of a person’s life. Sustaining an injury can cause you to live with pain for an indefinite period and sometimes leave you unable to perform the only duties that you have been trained or educated to perform, either temporarily or, in the worst cases, permanently.
Employees often find, after a work-related injury, that the insurance company that their employer uses attempts to minimize the injury, rushes them to return to work before they are physically able to do so, and/or refuse to categorize the injury as work-related because they were not in perfect condition prior to the injury. Therefore if you have been injured at work in Irvine, contact an Irvine worker’s compensation lawyer to help you get the best outcome in your case.
Worker’s Compensation Specifications
Any business in California that employs more than one employee is required to have worker’s compensation insurance. It is not necessary to have worker’s compensation insurance when an employer only employs independent contractors; however, the law does provide guidelines for establishing whether an individual is an employee in order prohibit businesses from attempting to circumvent the requirement solely because an employee is named an independent contractor by the employer.
Failing to obtain the insurance can result in a stop order being issued and the employer accruing penalties for non-compliance. Additionally, an employer may not require or request that an employee contributes to the cost of worker’s compensation.
When an employee is injured and reports the injury, they must be provided a form to complete within one day of reporting the injury. Following the report, the employer has one day to authorize medical treatment up to $10,000 and, if available and necessary, provide the employee with restricted work to accommodate the injury.
If an employee’s duties are restricted following a work-related injury, and light duty work is available, the employee’s salary may not be decreased because of the change in duties. An experienced worker’s compensation lawyer in Irvine can assist in ensuring employers follow these rules.
Senate Bill 863 (SB 863)
SB 863 was passed in 2012 and served to reform worker’s compensation laws. Under the bill, the minimum and maximum benefits that a worker is eligible for have been increased and the formula for determining a permanent disability rating has been adjusted.
When a worker has been denied or delayed treatment during the utilization process, the individual or their Irvine worker’s compensation attorney are now able to request an independent medical review, which serves as an appeal of the prior decision. Additionally, among other changes, when an employee is represented by a workers’ compensation attorney in Irvine and seeking a qualified medical evaluator panel, SB 863 has removed the requirement that the parties agree on a medical evaluator beforehand.
Consult with an Attorney Today
Worker’s compensation is a nuanced area of law that is best navigated by an Irvine workers’ compensation attorney that has experience in the practice area and is familiar with local customs. If you or a loved one are an injured worker in Irvine, contact a knowledgeable lawyer in Irvine to guide you through the process and ensure that you are treated properly after sustaining work-related injuries.