In California, workers’ compensation is a benefit delivery system guaranteed by the State constitution. All employers are required to obtain workers’ compensation insurance or be certified as self-insured to protect their employees from injuries that occur while on the job. The benefits available consist of temporary disability, medical treatment, permanent disability, supplemental job displacement benefits, and death benefits.
Damages for pain and suffering and punitive damages are not available in workers’ compensation.
Sometimes, a claimed work injury can be denied by the insurance company and no benefits will be paid. This does not mean that the claim or case is over. Instead, evidence will be needed to overturn the denial, and maybe the case will need to proceed to Trial. An attorney can help to obtain this evidence and prepare for Trial.
Workers’ compensation cases are handled at the Workers’ Compensation Appeals Board (WCAB). The WCAB is an administrative court and has its own rules and procedures, which are separate and different from the courts that handle personal injury and criminal cases.