English 
Spanish Healthcare workers who suffer from job-related injuries or illnesses have the right to seek workers’ compensation. However, securing benefits is often easier said than done. Employers (and their insurers) may try to deny claims for various reasons, including alleging your injury did not occur at work.
Read on to learn more about how our firm’s workers’ compensation attorneys protect injured healthcare workers’ rights by fighting for the benefits they need to get back on their feet.
Your Right to Workers’ Compensation Benefits in California
State law mandates that every employer provide workers compensation in California. Therefore, you can seek benefits if you work in the healthcare industry and have a work-related injury or illness.
To secure workers’ compensation, you do not need to prove that your employer (or anyone else) acted negligently or caused your injury. You need only establish that your injury or illness occurred on the job and you cannot work while recovering.
Unfortunately, workers’ compensation insurance companies often look for reasons to deny claims, which increases their profits. Insurers may allege your injury or illness is not connected to your employment or that your condition is not severe enough to prevent you from doing your job. Our law firm protects injured healthcare workers’ rights by helping them establish that they deserve benefits.
Compensation You Can Recover in a Healthcare Worker Injury Claim
No matter what industry you work in, workers’ compensation benefits include the following:
- Medical benefits. Workers’ comp medical coverage should include any medical costs from your job injury, including emergency treatment, hospital and doctor fees, medications, physical therapy, rehabilitation services, and extended nursing.
- Wage-loss benefits. Workers’ compensation will provide wage replacement benefits if you cannot work while recovering from your injury or illness. Usually, payments are two-thirds of your previous weekly wage (or two-thirds of the difference in your previous income and current wages if you can perform some type of work while healing). Payments will also vary depending on whether you suffered a temporary disability or permanent disability.
- Supplemental job displacement benefits. If you suffered a permanent injury and cannot return to work for your previous employer, you can seek compensation to pay for job retraining and skill enhancement.
- Death benefits. Workers’ compensation will pay death benefits to the dependent family members of those fatally injured in the healthcare field.
Can You Seek Personal Injury Damages?
You usually cannot file a personal injury lawsuit against your employer if they provide workers’ compensation insurance. However, you can sue a third party (like a coworker, patient, or medical supplier) if their negligent, reckless, or wrongful actions caused your medical condition.
If you have grounds for a third-party claim or lawsuit, a personal injury lawyer with our firm can pursue compensation for the following:
- Out-of-pocket medical expenses not covered by workers’ compensation
- The total value of your lost income and future lost wages
- Physical pain and suffering
- Mental and emotional distress
- Loss of enjoyment
- Diminished qualify for life
- Wrongful death damages not paid by workers’ comp
Work-Related Healthcare Industry Injuries and Illnesses
Healthcare workers face many on-the-job hazards. Common healthcare field injuries include the following:
- Allergic reactions, rashes, poisonings, and other incidents related to exposure to chemicals and drugs
- “Sharp” injuries from contact with needles, scalpels, and other sharp objects
- Slip and falls
- Repetitive stress injuries
- Injuries resulting from violence or assault
- Exposure to infectious diseases
- Work stress and mental health conditions
Does Workers’ Compensation Cover COVID-19?
SB 1159 allowed healthcare providers who contracted COVID-19 while on the job to pursue workers’ compensation for a limited window. The law expired on Jan. 1, 2023. If your illness occurred before this deadline and your workers’ compensation claim was denied, we can help you appeal or take legal action to secure your benefits.
How Can a Workers’ Compensation Attorney Protect Injured Healthcare Workers’ Rights?
We serve injured healthcare workers by protecting their financial future. Our firm provides aggressive workers’ compensation legal representation aimed at getting our clients maximum benefits. We can:
- Draft and file your workers’ compensation claim
- Collect evidence proving your injury or illness occurred at work
- Establish that your injury or illness interferes with your work capabilities
- Aggressively negotiate for the maximum compensation possible
- Appeal denied claims or take legal action to get the benefits you deserve
- Determine if you have grounds for a third-party claim and prepare a personal injury or wrongful death lawsuit if necessary
Do not delay in starting your claim. You must notify your employer about your injury or illness within 30 days of its occurrence, and you have one year to file for benefits. If you have grounds for legal action, CCP § 335.1 allows two years to file a personal injury or wrongful death case in civil court.
Contact KJT Law Group to Connect With a Workers’ Compensation Lawyer Near You
Contact KJT Law Group at (818) 507-8525 for a free consultation and learn more about how we can protect your rights and guide you through your healthcare worker injury claims. We offer free consultations and serve clients on a contingency fee basis.
