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Workers’ Right and Compensation: An Overview

Workers’ compensation or workman’s compensation is a form of insurance program which comes under the purview of The Department of Labor’s OWCP. Its aim is to provide compensation to employees who have suffered job related injuries or illnesses. Employees receive compensation benefits depending on the type and severity of their injuries. Some of the benefits are:

  • Medical benefits for the treatment of work-related injuries and illnesses
  • Income benefits for a limited period of time with a cap on dollar limit as mandated by the law
  • Burial expense compensation for workers who were killed on the job
  • Death benefits for the dependants of workers who were killed on the job

From an employer’s perspective, workers’ compensation eliminates the possibility of the litigation that might result in a large damage award. Negligent employers will be considered responsible for the health and safety of their employees.

Worker’s Right

Workers are entitled to necessary medical care for work related injuries and illnesses including:

  • Medical services
  • Surgery
  • Nursing
  • Hospital services
  • Dental surgery
  • Artificial appliances (limbs, eyes, teeth, glasses, hearing aids

If you receive any such treatment, you must notify your employer at the earliest.

Workers are entitled to weekly compensation benefits, which may be claimed as long as the disability and wage loss continues. The benefit rate is 2/3 of your after-tax average weekly wage, subject to a maximum rate.

Prompt payment is necessary as per the law. The first payment is due on the 14th day after your employer has acknowledgement of the disability or death. All the compensation accrued should be paid weekly.

It is also important for workers to understand what workers’ compensation does not include:

  • Injuries caused by workers’ own carelessness (as a result of horseplay)
  • Injuries caused by the state of inebriation
  • Injuries suffered while the worker is committing a serious crime
  • Injuries suffered when the worker is not working

Legal Action Against Employers

Under these two circumstances, an employee can sue the employer:

  • When an employer deliberately causes injury to an employee
  • When an employer is required to carry Worker’s Compensation coverage, but fails to do so

These statements should clarify any confusion about workers’ compensation. Workers must remember these points to make their claim procedure smooth and simple.

Gaylord and Nantais is a leading workers compensation attorney in Long Beach, California. Our lawyers are experts in this area. For more information, click on this link


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Thomas M. Nantais

Thomas M. Nantais

Thomas M. Nantais is the Co- owner of Gaylord & Nantais, a legal firm specializing in workers’ compensation, in the state of California. This firm deals in getting hearing loss compensation and work related injuries compensation for those who have worked in the state of California. With his sincere efforts, Thomas is committed to meet the highest standards of the legal industry, and aims to provide the clients with an honest and aggressive representation.

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