Workers’ Compensation – San Jose

San Jose workers who have suffered an injury at work may be eligible to receive paid medical care and lost wages under California worker’s compensation law. Workman’s comp or worker’s compensation provides benefits to workers who are injured at work if the work injury occurred while they were performing their job duties.

Workers compensation laws were created to reduce the amount of work injury lawsuits that would be filed and in exchange, injured workers are generally eligible to file a workers compensation claim and receive certain types of workman’s compensation without having to prove their employer was negligent in the accident, illness or injury.

San Jose workers compensation may allow for workers who have suffered an injury at work to receive medical care, permanent disability, temporary disability, rehabilitation or death benefits. Many illnesses and work injuries are covered, but some of the most common work injuries can include:

• Back and neck injuries
• Abrasions and burns
• Amputations of arms or legs
• Concussions
• Heart attack or strokes on the job
• Carpel Tunnel
• Diseases caused by inhalation of chemicals or other toxins

Work injury compensation may not cover injuries which occurred travelling to and from work or if the worker was off-site. Work injuries also may not be covered by workman’s compensation if the work injury occurred from the employee’s intentional action or while intoxicated from drugs or alcohol.

Worker’s Compensation Benefits in San Jose

San Jose’s workers comp insurance may provide the following work injury benefits for injured workers:

• Medical benefits – San Jose workers who suffer an injury at work may receive benefits for medical care. Medical care can include: dental care, hospital visits, doctor’s services, medications and chiropractic care.
• Temporary disability- San Jose workers who suffer an injury at work are only paid temporary disability benefits if the worker does not return to work within three days. Temporary disability may include wage replacement up to 2/3 of the lost wage amount. There is a maximum amount of wage replacement allowed which is outlined in workers compensation law.
• Permanent Disability- San Jose workers who suffer a work injury may be eligible to receive permanent disability payments if a medical doctor determines their work injury is permanent. Workman’s comp for permanent disability is calculated based on the injured worker’s age, date of the injury, occupation and their diminished work capacity.
• Vocational Rehabilitation – Some San Jose workers who suffered an injury at work may no longer be capable of performing their past job tasks but can be retrained for new employment. These workers may be eligible for vocational rehabilitation which means work comp insurance will provide job training benefits up to a maximum limit.
• Death benefits – Dependents of San Jose workers who are fatally injured at work may be eligible to receive workers comp death benefits. Death benefits may include work injury compensation which is a percentage of the deceased workers lost wages as well as a certain amount of money to cover the deceased worker’s burial.

Do I Need a San Jose Worker’s Compensation Attorney?

San Jose workers who suffer an injury at work can file their workers comp insurance claim without the assistance of a work injury attorney, but work compensation laws can be complicated and do occasionally get denied. Workers who suffer a work injury should contact a work injury lawyer if their injury was caused by a faulty product or if the work injury has caused the worker to suffer workplace discrimination, workplace harassment or if the worker has been demoted or fired.