Answers to Frequently Asked Questions Regarding Workers’ Compensation

Q. What is workers’ compensation?

A. Workers’ compensation is benefits that your employer is required by law to pay for if you have a work-related injury or illness. There are two main types of injuries:

1. One accident/event at work. This could include hurting your back in a fall or burning yourself while on the job.

2. Repeated exposures at work. This could include losing hearing due to perpetual loud noise or hurting your elbow from repeated motions.

Q. What should I do if I hurt myself while on the job?

A. First, report the injury to your employer immediately. If this injury has occurred due to repeated exposure, report it to your employer as soon as you learn/suspect if was caused by your job. Prompt reporting helps avoid frustrating delays in receiving benefits.

NOTE: If your employee is not notified within 30 days of the injury, this hinders your employer’s ability to fully investigate the claim and could result in lost rights to receive workers’ compensation benefits.

Second, if emergency treatment is required, get it! Be sure to tell your health care provider that this is a work related injury or illness.

Third, fill out a claim form (DWC 1) and give it to your employer. Your employer is required to give you this form within one working day after being notified of the injury or illness. This form opens your workers’ compensation case and is used to request workers’ compensation benefits.

Q. What types of benefits am I entitled to?

A. There are five basic benefits that workers’ compensation provides:

1. Medical care: Paid for by employer to help your recover from job-related injury or illness

2. Temporary disability benefits: Payments for lost wages if you are unable to do your usual job while recovering

3. Permanent disability benefits: Payments in you are unable to recover completely

4. Supplemental job displacement benefits: Vouchers to assist in payment for skill enhancement or retraining if you are unable to recover completely and don’t return to work for your employer.

5. Death benefits: Payments given to spouse, children or other dependants if you die due to a work related injury or illness

Q. My employer is asking to take part of my check to pay for workers’ compensation insurance? Can they do this?

A. No! An employer cannot request that you help pay the insurance premium. All employers are required to have workers’ compensation insurance. It is a portion of the price of doing business.

Q. Can my employer fire me because of my injury?

A. It is illegal for an employer to fire your or punish you in any way for having a work related injury or illness. It is also illegal for an employer to penalize you for filing a workers’ compensation claim.

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The laws that govern the workers’ compensation system can be confusing. Retaining an experienced attorney who knows and works with the laws on a regular basis can result in a much less stressful experience.

If you have a work-related accident or illness and would like to discuss your case with a competent workers’ compensation attorney, please call the SBCBA Lawyer Referral Service at (805) 569-9400.