Worker's Compensation In California - Generally, if an employee is injured on the job in California, he or she may recover under "Worker's Compensation."

What is it? Worker's compensation is an insurance system. All employers must have worker's compensation insurance of some kind to cover any injury to any employee at the workplace. Virtually all working Californias are "employees" for the purposes of worker's compensation with few exemptions, such as the self-employed or unpaid volunteers.

When does coverage begin? Employees are covered from the first moment on the job. There's no waiting period or minimum income requirement.

What kinds of injuries qualify? It does not matter if the injury or illness resulted from an accident, exposure to unhealthful materials, repetitive use or any other reason. If the injury happened on the job, the employer's worker's compensation insurance must pay for the medical and wage expenses.

How does it help the employer? The benefit to the employer is that employees in California cannot sue their employers for negligence. The employees can only recover under the worker's compensation insurance program.

What benefits do injured workers receive? All reasonable medical care with no deductible and no limit on time or amount. Employees also receive partial replacement of lost wages as "temporary disability" - commonly two-thirds of the employee's average weekly wage up to the state maximum.

What if the employee cannot continue work? Employees with serious injuries that prevent them from returning to their usual job may qualify for vocational rehabilitation, or if the injury is a permanent impairment, additional "permanent disability" payments will be made. If the injury is fatal, surviving dependents will be paid death benefits.

Are there limitations? Yes. For example, employees can recover only set maximum amounts, regardless of their income.

How do we report a claim? When an injury happens, give the employee a claim form. State law requires the employer to furnish the form within one day after knowledge of the injury. When the employee completes it, give a copy to the employee and send another copy to the insurer. MOST IMPORTANTLY - even if the employee hasn't returned the claim form, complete the Employer's First Report of Injury and send it to your insurer within five days of the injury.

For additional information on worker's compensation, contact your insurance company.