Living in Adelanto, California, you are sure to appreciate the welcoming and relaxed feel of this smaller community that dates back to the beginning of the 1900s. Throughout the years, the town has always been considered family and business-friendly, making it the perfect location for many. They find the natural beauty of the Mojave Desert ideal and all of the features of San Bernardino County helpful when they are shopping or meeting other living needs.
While life is peaceful in this community and there are many opportunities for enjoyment when not working, it is also a great place for workers to live near their place of employment. The mild climate and vast space in and around Adelanto make the area ideal for many larger farming businesses that employ local workers. In addition, there are opportunities to work in a variety of fields that support the efforts of the larger farms, such as trucking, supply of essentials, and the equipment needed to operate the farms. Other residents choose to commute from this city to nearby Victorville to work in the corrections facility or as a civilian contractor at the nearby military facility. But regardless of where you work in Adelanto or a nearby community, there are many things California workers need to know about Workers Comp claims in Adelanto.
Sadly, it can be difficult to understand all the requirements and processes to get the help you need and deserve after sustaining a workplace injury in Adelanto. Some employers are unaware of how the California Workers Comp Program functions, so they are not helpful when a worker sustains an injury and needs to work with the program to resolve issues. Other employers fail to understand that the use of Workers Comp is the right of all workers in the state who sustain harm while on the job, or that the claim is not going to cost them more money. As a result, it can be hard for a hurt employee to get reliable information regarding the Workers Comp program unless they turn to a legal team that has decades of experience and expertise in these cases.
Please know that the dedicated and seasoned team at California Labor Law Employment Attorneys Group is here to ensure you understand what California workers need to know about workers comp claims in Adelanto. And all you need to do is grab your phone and reach out to our caring and compassionate office staff to begin gathering valuable information. On that first contact with our staff, you will get answers to some of your basic questions and have a sense of reassurance that there is a viable solution for the hardships you face because of an on the job injury that was not your fault. In addition, our team will assist you in scheduling your free consultation with an experienced California Labor Law Employment Attorneys Group workers comp attorney to provide you with information specific to you, your injuries, and the claim you could or should open.
Once you have shared the facts of the workplace injury incident and answered any other questions, your workers comp attorney will explain the process of opening a workers comp claim if that option applies to you. In addition, they will help you understand any other legal options you might have to seek added compensation and help to overcome the losses and expenses caused when you got hurt at work in Adelanto. With this helpful information, you are free to take only the actions you feel are in your best interest, and you are never obligated to hire California Labor Law Employment Attorneys Group. All we ask of each potential client is that they get in touch with our team as swiftly as possible, as there are time limits that could impact your ability to get the help you need after your Adelanto workplace injury.
The Birth Of The California Workers Compensation Program
The California Workers Compensation Program was created with the express purpose of eliminating the financial hardships and stress suffered by an employee who gets hurt on the job. In the past, many workers who got hurt on the job faced excessive medical expenses, challenges because of lost income, and other issues that created stress, slowed their healing, and caused many complications that altered the course of their lives forever. The California Workers Comp Program was created to eliminate the issues caused when a hard-working employee suffered any injuries while on the job.
To eliminate the stress placed on the hurt worker, the program requires mandatory participation from all employers in the state. It also requires the employer to pay for all costs associated with enrolling employees in the program and providing them with coverage in the event of a workplace accident injury. In exchange for the cost of the coverage paid by the employers, they also receive a benefit. Prior to the enactment of the WC program, an on the job injury victim could pursue legal action against their employer in the form of a personal injury lawsuit. These cases became costly and time-consuming for employers and rarely delivered the help the workers needed to address expenses and losses.
The solution to offering a benefit to employers for their contribution of funds for the WC program was to protect them from personal injury lawsuits filed by workers who get hurt on the job. Today, workers are only permitted to open a Workers Comp claim to seek benefits instead of filing a lawsuit, in most cases. Now the program is in place across the state, and only large employers who opt to provide workers with a self-funded program offering similar benefits to the California Workers Comp program are permitted to not participate in this valuable service to workers.
Understanding What California Workers Compensation Covers
As you might have already discovered, all workers in the State of California are fortunate to be covered by one of the most robust insurance programs to help them if they sustain a workplace injury. But what you might be unclear about is what kind of injuries are covered and how to know that the injury you suffered is covered by the program. In general, all injuries that occur when you are working at your regular job are covered by the program. The only exceptions that would prevent you from getting WC benefits are if the injury happens when you are taking part in any kind of horseplay or activities that are not related to performing your job, or if you were under the influence of a mind-altering substance when you were hurt.
As long as those two exceptions do not apply, you will have California Workers Compensation coverage for any kind of injury you suffer, from a minor cut that needs a few stitches to a sprain, broken bone, or any serious accident injuries that require emergency medical care, extended hospital care, and treatment. All you need to do is follow the claim process created by the WC program to get the help you need to address your losses and expenses.
What Benefits Are Provided By The California Workers Compensation Program When I Get Hurt At Work?
As an employee in Adelanto, California, you are fortunate to be covered by one of the best and most generous workers comp programs in the country. You are eligible for coverage in the following categories on an as needed basis:
- Complete coverage of all medical expenses related to the injuries that you suffered while on the job. This will include the cost of a hospital stay, any diagnosis, treatment, rehabilitation, doctor’s bills, and the cost of essential medical devices and therapy. If is also helpful to understand that most medical care providers will work directly with the WC program for billing, so you are not expected to pay any deductible or co-pay, nor are you required to pay any medical bills and then wait for reimbursement from the program.
- In cases where you were seriously injured and will need time off from work to heal, the program can provide up to 66% of your regular weekly income to help offset your lost wages. This money is aid to you, and you can use it to help cover your normal living expenses.
- If you sustain an injury that will never fully heal or recover, leaving you with limitations or a decreased capability that impacts your earning potential, the program can provide disability payments to help replace that decrease in your earnings and earning ability.
- Should you sustain severe harm and be unable to ever return to the job you currently have, the California Workers Compensation Program can provide you with free vocational training to help you prepare for a new career or job once you are healed and ready to return to the workplace.
When Can A Worker Hurt On The Job Sue Their Employer?
As mentioned, in most cases, a worker who is hurt while on the clock is not allowed to file a personal injury lawsuit against their employer. Instead, they must use the WC program. The only exception that allows an injured on the job worker to pursue legal action is when there is gross negligence involved on the part of the employer. In these cases, gross negligence is defined as a lack of concern for the safety and well-being of the employee.
As an example, if you report to your employer that there is a device that you are required to use for your job that is damaged or hazardous, the employer or their staff should immediately address the issue and correct the safety hazard. If the employer fails to take the necessary action to repair or replace the hazardous tool, device, or item, and then you sustain an injury because of the defective or damaged device, the employer could be considered grossly negligent. If they are found to be grossly negligent, you could have the right to file a personal injury lawsuit and seek compensation for losses and expenses not covered by the WC program benefits, such as any part of lost wages not paid to you by the program or the cost of legal services related to preparing, filing, and litigating the personal injury lawsuit. Please reach out to California Labor Law Employment Attorneys Group immediately if you feel that gross negligence could have caused or contributed to the harm you suffered as part of your workplace injury.
How Long Do I Have To Take Action?
Workers who get hurt on the job have 30 days to open a Workers Compensation claim to seek benefits to help them cover their losses and expenses. This time limit is strictly enforced, and once it has passed, you will no longer be permitted to open a claim or receive benefits from the program. The only exception to this process is when the injury caused by a workplace incident is due to cumulative trauma. This is often a repetitive motion or action that is used in your work that, over time, causes an injury. To open a WC claim related to cumulative trauma, the injury and cause must have been documented and diagnosed by a medical professional. At that point, you have one year from the date of the diagnosis or from the first day that you missed work because of the cumulative trauma injury to open your California Workers Comp claim.
If gross negligence was involved in the workplace accident, you have two years from the date of the accident injuries to file your lawsuit with the court. This time limit is also strictly enforced, and once it has passed, you will lose the right to pursue legal action related to this particular injury incident.
Why You Need California Labor Law Employment Attorneys Group
It can be hard to know who to trust when you are trying to figure out what California workers need to know about Workers Comp claims in Adelanto. But please rest assured, the legal experts at California Labor Law Employment Attorneys Group are here to help you get all the critical information you need to make wise and well-informed choices about your Workers Comp claim and the services you can get to help you overcome the losses and expenses caused by the incident. Please also know that our firm is eager to help you, and we will never require any upfront legal fees or expenses to handle any case with legal merit. Our priority is always ensuring that your needs are met first, so we only get paid after you have gotten paid. And if your California Labor Law Employment Attorneys Group workers comp attorney fails to win the case, you owe our firm nothing. Please reach out to our staff today to explore this and all your options for assistance after a workplace injury in Adelanto.
