Workers compensation claims can be made by any of us who are injured whilst doing our job.  It doesn’t matter if you are working construction or are sitting in an office.  If an incident at work causes you injury or harm then you are entitled to make a claim against your employers workers compensation insurance.

Of course, to make a successful compensation claim you must prove that someone else was at fault and that you really were physically or mentally injured.  For example if a construction worker removed his hard hat, picked up a shovel and smacked himself over the head he would be very hard pressed to prove that his employer was to blame for his injuries!

But, unfortunately, accidents do happen and if that construction worker was injured because his employer supplied him with defective equipment then that is perfect grounds on which to make workers compensation claims against the employer.

From the above it is obvious that to make a claim against his bosses an employee has to prove that his employer was negligent or careless and he, the employee, suffered harm that caused him financial and mental distress.  And, thanks to the California workers compensation laws, the injured employee should receive a timely and full amount of money as recompense for his suffering.

The sum received will reflect the cost of any medical care required by the injured worker, disability benefits, retraining if required, job displacement benefits and, sometimes, death benefits to the workers dependents.

Because every employer in the state of California is required by law to take out workers compensation insurance any claims are usually settled very quickly without the need for either party to resort to litigation.   The DWC (Division of Workers Compensation California) administer the workers compensation system in California and their objective is to settle claims quickly and without confrontation.  This makes the whole process so much easier for both employer and employee.

But despite the good intentions of the DWC sometimes of course an employer will contest his workers view of events and may even question the reality of the workers injuries.  In these cases the DWC will provide the judicial arrangements needed to resolve the dispute.

A workers compensation lawyer will be able to present evidence on the claimants behalf to a judge who will then decide on the merits, or otherwise, of the claim.

Hopefully though there will be no dispute and the DWC Information and Assistance Unit will make sure that the claim is dealt with efficiently with the employee receiving the compensation they are entitled too.

The amount of compensation is governed by the WCIRB – the Workers Compensation Insurance Rating Bureau – who set out the rules and regulations of the workers compensation insurance scheme.

Thanks to the way the laws have been set out it is comparatively easy for an injured worker to receive the compensation he is entitled too.  And, although the mandatory insurance isn’t universally popular with employers, it does ensure that workers compensation claims are dealt with quickly and fairly.