Dr.Peter M.Schaeffer

If you have been hurt on the job in the State of California, you have the right to file a workers’ compensation claim. California law requires that every employer must carry workers’ compensation insurance, and employers who do not can be charged with a criminal offense.

The workers’ compensation system was originally established to serve as a kind of compromise between employers and employees. Before it was instituted, an employee’s only option for getting financial compensation in the wake of a workplace injury was to file a personal injury suit against their employer. The modern workers’ comp system guarantees cash benefits for workers to help address their medical bills and the cost of lost income in the event of a workplace accident, but at a price: employees covered by workers’ comp insurance usually cannot initiate legal action against their employers directly. The good news is an injured worker can file a workers’ comp claim regardless of what caused an accident; unlike in personal injury cases, most of the time employees can file claims even if they themselves were responsible for causing their injuries.

When an employee’s injuries are fairly minor, the workers’ comp system works quite well. However, when significant injuries are involved that require surgery or may prevent a worker from returning to their job for a long period of time, there can be financial incentives for employers and insurance carriers to find ways to reduce, delay, or deny legitimate claims for the sake of their bottom line. Under such circumstances, it’s best for injured workers to consult a dedicated Riverside workers’ compensation lawyer about their situation and find out what they can do to protect their rights and their financial stability during the recovery process. Under the law, workers’ comp attorneys are entitled to only a small portion (about 15%) of the total amount of benefits they are owed, and this can be a real bargain for employees who can’t get financial justice on their own after a serious workplace accident.