The concept behind workers’ compensation sounds simple enough. If you get hurt during your work, your employer is required by California law to pay you benefits. However, the actual claims process is quite complicated, so there are some misconceptions about how everything works.
This blog will tackle several workers’ compensation misconceptions and give some clarification.
Misconception 1: California’s Division of Workers’ Compensation provides workers’ compensation for employers
While all employers in California must buy workers’ compensation from an insurance company or become self-insured by law, they don’t purchase insurance from the state Division of Workers’ Compensation (DWC). The DWC only checks the administration of claims and oversees legal procedures to settle any disputes that arise.
Misconception 2: Getting hurt at the workplace but at a time when you’re not doing work isn’t eligible for workers’ compensation benefits
It’s often thought that workers’ compensation benefits only trigger when an injury happens during work activity. However, an injury is coverable if it happened during activities that are consistent with the worker’s employment and are related to the employer’s business.
Misconception 3: You only get payment for treatment once your claims are approved
Although it might take time for a claims administrator to approve your claim, you can receive up to $10,000 for medical treatment from your employer while you wait. You will first have to fill out a claim form before you can claim this advanced benefit. Your employer also has within one day of receiving your claim to release this benefit.
Misconception 4: Your employer can take a part of your wage to pay for workers’ compensation
Workers’ compensation is supposed to be part of your employer’s business costs, so they’re not allowed to take from their employee’s wages to pay for premiums.
There are a lot more misconceptions about the workers’ compensation process, especially when it comes to resolving disputes you might have with your employer over your claim. To better understand the procedure and ensure your claim falls through, consider hiring an attorney who can help represent you in court and negotiate for a proper settlement.