When it comes to claiming workers compensation California runs one of the best schemes in the whole of the United States.

We all have the right to make workers compensation claims if we are injured or caused harm by someone else’s negligence or carelessness.  And no-one should be reluctant to make a claim against their employer if that employer has caused them physical, or indeed mental, injury.

So making a workers compensation claim is the right of all employees in California who become injured or suffer illness at work, or because of their work.

No employee should feel guilty about suing their boss as, in the state of California, all employers, even if they have only one person working for them, must take out workers compensation insurance to cover them against claims made by their employees.

Those working for an employer cannot be asked to contribute towards the premiums themselves.  This means that employees receive this kind of insurance protection at no cost at all to themselves.

The law also covers out-of-state employees or contract employees who regularly work in California. Their employers must make sure they are covered. Certain traders, such as roofers, must also take out workers compensation insurance, even if they do not have any employees.

It must be emphasized that no worker should fear any “come back” from their employer for making a workers compensation California claim. It is unlawful for an employer to fire or take action against one of his employees for making such a claim.

Employers in California can purchase workers compensation insurance from any agent or broker, or from any privately licensed insurer. For employers unable to find cover the State Fund will provide the necessary insurance. Californian employers can also decide to self-insure, but typically this usually done by only the bigger companies.

The workers compensation procedure is monitored by the Division of Workers Compensation California and works on a ‘no fault’ basis. The DWC also provides administrative and judicial services to help resolve any disputes arising from claims.

So what workers compensation benefits are employees entitled to? Workers compensation insurance covers medical care, temporary and permanent disability benefits, any supplemental job displacement benefits as well as vocational rehabilitation or death benefits.

Disputes which can arise when making a workers compensation claim usually are about whether the injury or illness was contracted thru work, or benefits entitlement. The DWC aims to resolve any disputes thru their Information and Assistance Unit.

Alternatively, employees in dispute over their claims can go before a judge in any of the 24 DWC officers. It must be emphasized that that the DWC insist that vast majority of claims are never disputed. Indeed, the whole concept of workers compensation is meant to avoid the need for litigation, so is of benefit to both employers and the people who work for them.

The ratings body for workers compensation is the WCIRB – the Workers Compensation Insurance Rating Bureau of compensation. The WCIRB publishes the manuals covering the rules and regulations of the scheme as it applies to workers compensation California.