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Worker’s Compensation Claims During COVID-19

The current pandemic has left many employees in ambiguous situations. While some essential workers are still required to report to their physical place of work, others have taken up working at home to still meet their deadlines and bring in income. After all, many Californians have been ordered by recent laws to shelter in place to avoid spreading COVID-19.

At first glance, many businesses might think they will have to handle fewer workers’ compensation claims because fewer individuals are physically reporting to the office. Many employees might also believe they can no longer file claims for the same reason. In fact, the potential for a decrease in claims influenced the decision of Insurance Commissioner Ricardo Lara’s Order of April 13, 2020. The Order requires insurers to refund certain business and individual premiums.

But will there be a decrease in claims, and what can you, as an individual do if you experience a work-related injury at home?

Read on to find out.

The Current Legal Standard

Throughout the majority of the state of California, an employee must suffer an injury or disease that causes disability or creates the need for medical treatment while at work or while completing tasks for work. The employee does not need to prove their employer was negligent. Injuries or diseases could be caused by single incidents or from long term exposure or repetitive traumatic injury. Usually, a non-occupational disease is not compensable – such as a cold or flu. It is also important to note injuries at work may not be compensable if the employee is intoxicated, self-inflicted the trauma, engaged in a physical altercation, sustained the injuries during a felony, or were participating in a voluntary off-duty activity like an office football match.

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Workers Compensation in California

Workers Compensation in California

If you’ve been hurt on the job, it’s important to understand your rights. These rights can vary from state to state, so California law is what matters here. In the State of California, the workers compensation system works on a no-fault basis.

This system is designed to benefit both workers and employers. Instead of having to take your employer to court to prove that your injury was their fault, you only need to prove that you were hurt on the job. So, what are you entitled to? Let’s take a closer look.

What You’re Entitled to Under Workers Compensation

California workers are covered for all medical treatments related to workplace-related injuries. In addition to medical treatment, workers are also covered for the cost of any evaluations. Prescription drugs, transportation, and even medical aid devices like wheelchairs are also covered.

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Work Injury

Injured on the job? Don’t worry about being unable to pay your medical bills just yet – you have options! Chances are your employer has workers’ compensation insurance, as it’s a state-mandated program that provides benefits to people just like you. This being said, some workplaces are less than cooperative when it comes to ensuring their employees get the coverage they deserve. Top workers’ compensation attorneys can guarantee that your case wins if and when it goes to court.

What is Workers’ Compensation?

In a nutshell, workers’ compensation is an insurance program that most places of employment are required to have in the event that one of their employees is injured either on the job or as a result of actions taken during their job’s duties. This way, employees don’t have to pay for their medical expenses out of their own pockets. They can rely on insurance coverage to handle these burdens while they recover.

When Does Workers’ Compensation Apply?

In California and beyond, workers’ compensation insurance applies whenever:

  • injuries sustained by an individual are a direct result of duties on the job
  • injuries are sustained away from work but when dealing with work-related issues
  • injuries that appear while not at work but which were obtained as a direct result of work-related stresses or activities

This is a pretty broad umbrella, but it’s great news for you since it means that your work-related health issues likely fall under workers’ compensation insurance coverage.

What Are Some Examples?

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Personal Injury Attorney

What is a Personal Injury Case?

In a nutshell, a personal injury case can be claimed whenever one person is harmed from an accident or injury because of the actions of another person. The accident doesn’t have to be intentional, of course. But someone could still be on the hook for personal injury medical expenses and more under many circumstances.

Personal injuries can be devastating to those who suffer them. These types of claims cover a wide variety of injuries and ills, including:

  • broken bones
  • slip and fall injuries
  • burn injuries
  • automobile accidents and associated injuries
  • traumatic brain injuries
  • and much more

As a result, those who suffer personal injuries may need to press a claim against another individual in order to receive damages to help them recover from the incident.

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Rideshare UBER LYFT ACCIDENT KJT LAW GROUP

When you’re driving yourself and get in an accident, your insurance will typically cover you for any personal injuries. Similarly, if you’re taking a taxi, you’ll be covered by the taxi company’s insurance. But what if you’re taking an Uber, a Lyft, or another rideshare vehicle? These are new, uncharted waters. Thankfully, there are already laws in place to keep you protected. Here’s what you need to know about insurance coverage in a rideshare vehicle.

What California Requires

In the state of California, rideshare companies are required to provide certain protections to their riders. In fact, the rideshare company itself is required to carry a $1 million liability insurance policy. This is in addition to any liability coverage your rideshare driver may be carrying. But even if the driver isn’t following the rules, the rideshare company itself is still going to have you covered.

For rideshare drivers, your insurance coverage is going to vary depending on which company you’re driving for. Uber offers $1 million of coverage, with a $1,000 deductible. So you’ll need to pay $1,000 out of pocket if one of your passengers is injured. Lyft’s coverage comes with a $2,500 deductible, so you’ll have to pay more out of pocket if you’re driving for them.

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