Crow Law Offices - Sacramento Personal Injuiry Attorneys - Established 1954
Find Crow Law Offices On Facebook Crow Law Offices LinkedIn Find Crow Law Offices on Linkedin

Workers' Compensation Law


Workers' Compensation Overview

Workers' compensation is a form of federal, state and private insurance that provides financial compensation and medical care for workers injured while on the job or during the course of their employment. The compensation guaranteed from this insurance is in exchange for the employees giving up their right to file claims against their employer for negligence. This can significantly limit the damages an injured employee may receive, especially in cases where the victim has suffered a significant injury that requires costly, long-term or permanent medical care and treatment.

Workers' compensation differs from state to state, and each individual state has their own governing board which oversees the different private and public funds and insurers that provide workers' compensation, although in most states workers' compensation is provided exclusively by private insurance companies. 12 states have workers' compensation State Funds legally required to act only as last-resort insurers, while the private workers' compensation insurers may write extensive insurance packages and deny coverage to the riskiest claims. California's State Compensation Insurance Fund is the largest of all 12 of state funds.

When an employee gets hurt on the job he is entitled to some kind of workers' compensation. Workers' compensation is a program for employees who cannot work for a specific amount of time because of an injury that happened at work. A vast majority of these cases are settled before trial. However, many times cases just can't be settled and are taken to trial. A Sacramento worker’s compensation attorney’s job is to get your case in as good a position as possible in order to obtain either the best settlement or the best result at trial.

The Sacramento Workers' Compensation Appeals Board is where workers' compensation cases are handled in California. This is really a trial court despite its name, except you don't get a jury. A Workers' Compensation Judge decides whether you receive workers' compensation benefits and how much.

There is a downside to workers' compensation that some employees overlook. One downside is that if a worker continues to get workers' compensation once he is healthy, the employer can lay him off. It is illegal to let go of an employee while he is on workers' compensation, but once you are back to the work place then you able to get laid off. Another downside of trying to get workers' compensation is the fact that some companies are allowed to pick your doctor. Because the doctors and insurance companies are on the company's payroll, they may downplay the seriousness of your injuries. That is one of the reasons it is important for you to get a Sacramento worker's compensation attorney who will make sure you get the fair treatment that you deserve and will make sure you are not pushed around by big corporations.

Back to top of page

California Workers' Compensation Act

The California Workers' Compensation Act is a no fault wage replacement system that pays injured workers, in Sacramento and throughout the state, both medical benefits and lost wages during their time out of work. Under the act, an injured employee gives up the right to sue his employer in court. In return, the employee received compensation without having to prove fault, though the employer’s liability is limited to benefits specified in the statute. Unfortunately, the amounts the injured employee receives are almost always significantly less than what might be available if the employee could sue in court and there is no recovery for pain and suffering.

California's Workers' Compensation Act is an extensive compensation program exclusive to the state of California. This statute places limits on the liabilities of employers and fellow employees of individuals injured on job sites. It legally requires California employers to purchase insurance to cover any potential claims of workers' compensation and establishes a large fund for those claims against employers who illegally failed to buy insurance.

The California Workers' Compensation Act allows employers to make an initial provider selection, which may be changed after 30 days by any employee. The Workers' Compensation insurance provided by the employer under the requirements of the California Workers' Compensation Act may be from an employer’s self-insurance, a private insurance carrier or through a competitive state fund. Claimants attorney fees are approved on a case by case basis and those costs may be added to awards receivable. Death benefits available are based upon a percentage of the deceased employee’s wages, and are subject to limitations. The deceased's surviving spouse and children are the only allowable recipients of death benefits.

Back to top of page

Eligibility Requirements for Workers' Compensation Benefits

To be eligible for workers' compensation, there are three basic requirements:

1) The company you are employed with has to carry workers' compensation insurance. 2) You have to be employed to the company. 3) Your injury has to be related to work. You do not have to be injured at work for you to qualify for worker compensation. If your injury is related to work then you are able to receive workers' compensation.

If your injury is in compliance with all three of these requirements then you should hire a Sacramento worker’s compensation lawyer.

Crow Law Offices

Case Evaluation Form

About The Law Firm

Car Accident Do's & Don'ts

Attorney Profiles


Law Practice Areas

Personal Injury Law Information

Knowledge is Power

F.E.L.A. Railroad Information

Informative Articles