Worker’s Compensation in Santa Clara, CA

When an employee undergoes an injury or illness caused by or due to their occupation or employer, they can be eligible to receive worker’s compensation, which provides financial support for medical bills as well as additional short-term or long-term benefit support. It is up to the insurance provider that is carried by the employer to determine whether an employee qualifies for the worker’s compensation benefits. In California, employers will have to provide their employees who are eligible for worker’s compensation with two-thirds of their weekly pay while they are unable to work due to the injury, with both a minimum and maximum wage that must be paid. When a work-related injury or illness occurs, employees will need to fill out a claims report that will be assessed by the employer’s insurance provider and can receive payment for medical bills while the claim is still being processed.

When an employee becomes injured at their place of work, it is the responsibility of the employer to ensure that the employee receives any initial first aid care they may require if possible, and are responsible for arranging and paying for any transportation that is required to get the employee to the right medical facility if deemed necessary. The employer should have an insurance carrier in place already that will take the filled-out claim (filled out by the injured employee but provided to the employee by the employer) to determine whether the employee is eligible for worker’s compensation and will determine how much compensation the employee should receive. The employer will also likely have to be the one to report the injury/incident to the Workplace Safety and Insurance Board (WSIB).

While most employees will be able to receive some financial support to help cover the initial costs of medical bills before the eligibility of the worker’s compensation is determined, most of the cases for worker’s compensation in California will be settled within 30 days of being filed. It is possible for there to be delays, so it is important that employees fill out the report for their employers and that the employers submit the form to the SWSIB within 24 hours of the injury taking place. The process of having the claim submitted and assessed will only start once the form has been filed to the employer, and employees will only have 30 days to notify their employer of the injury and to request a worker’s compensation form, so it is highly recommended that employees commence the process as early as reasonably possible to ensure that they are able to receive the financial support that they deserve during their recovery, especially if the injury has prevented them from being able to work or take care of themselves.

A worker’s compensation claim in California can be made by any employee that has incurred a work-related injury or illness that occurred due to the work environment, meaning that it took place at work and happened due to the environment or nature of the work. The injury or illness can be caused by a one-time accident, a repetitive stress injury that took months or years to fully develop or accumulate to the point of requiring medical attention, or an occupational illness. Occupational illnesses can develop from exposure to a health hazard within the workplace, including hazardous substances or fumes, resulting in asbestosis, asthma, or cancer.

All employees who have incurred an occupational injury or illness that falls within these guidelines are eligible for worker’s compensation, and the term “employee” includes all full-time, part-time, or seasonal workers, including those who are American citizens, green card holders, and undocumented immigrants, though some restrictions may apply. Contact us today or schedule an appointment online. Visit our clinic conveniently located at 2803 E El Camino Real Santa Clara, CA, 95051. We serve patients from Santa Clara CA, San Jose CA, Campbell CA, Cupertino CA, Sunnyvale CA, Milpitas CA, Fruitdale CA and surrounding areas.