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California Workers Compensation Lawsuit Information
California workers' compensation is paid to a worker when that worker can no longer perform the duties required of his or her employment due to an on-the-job accident. Some workers may have unreasonably been denied their workers' compensation benefits or may find they have long waits for their California workers' compensation benefits to kick in. In such cases, lawsuits can be filed to ensure the employee's rights are protected.
California workers' compensation is designed to supplement or replace the income of an employee who is injured in job-related accident. Workers' compensation benefits typically provide compensation for lost wages in the form of temporary or permanent disability benefits, medical care, and necessary retraining or rehabilitation. Benefits are generally payable to the injured employee or, in the case of death as a result of the accident, the employee's survivors.
California Workers' Compensation
California's workers' compensation insurance is based on a "no fault" doctrine. This means that an employee does not have to prove the injury is someone else's fault so they can receive workers' compensation benefits. Benefits are given regardless of fault if the injury is job related.
California "No Fault" Workers' Compensation
Among the claims that can be made in a workers' compensation complaint are that benefits have been unreasonably denied or delayed, that full entitled benefits have not been provided, that employees have been forced back to work against medical advice, or that employees are forced to speak with a doctor who is not impartial and orders the employee back to work. Employees who have their claims denied can file an appeal of the decision.
California Workers' Compensation Claims
When appeals are filed, there is specific paperwork that must be filled out on short deadlines. Employees who want their case heard by a judge must file an Application for Adjudication of Claim and other supporting paperwork. If necessary, a trial will be scheduled after which a judge issues a written decision. The process can be complex and claimants may want to consider consulting with a workers' compensation attorney who is experienced at handling such claims.
In July 2016, a lawsuit was filed against California's Division of Workers' Compensation in Los Angeles, alleging the system discriminates against women and makes compensation decisions based on gender-biased stereotypes. The lawsuit alleges, for example, that a double mastectomy due to work-induced breast cancer is not eligible for disability benefits whereas prostate cancer is.
California Workers' Compensation Lawsuit
California Workers Compensation Legal HelpIf you or a loved one has suffered a loss as a result of Denied Workers Compensation, please click the link below and your complaint will be sent to a lawyer who may evaluate your California Workers Compensation claim at no cost or obligation.
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