The California workers' comp insurance program

California workers’ comp is part of a nationwide, state-by-state social insurance program with a history and a repertoire of benefiting the employed when they have an accident, fall sick, or incur a serious disease, condition, or illness. Over a hundred years old, California workers’ comp has specific characteristics you might find helpful to learn about and understand:

The California workers'compensation system has been revised many times since its creation, the latest reform being in April 2004. It remains to be seen how this latest attempt will fare in a system that has grown increasingly complex and expensive over the years.

ELIGIBILITY and INSURANCE PAYMENT

California workers’ comp is implemented in the workplace and applies to those eligible: (most) full time workers, all public/government employees, and depending on the contractual agreement, some part-time workers. Freelance agents, or independent contractors, are not eligible for California workers’ compensation provided by the employer(s).

THE BASIC COMPONENTS

California workers’ comp is a NO-FAULT compensatory system, meaning you as an employee are not obligated to PROVE the illness or injury is the fault of the employer(s).

Those eligible to file a claim include one who has suffered an injury; one who has incurred a “diagnosable” disease; one who has been injured or taken ill due to employment; and one who becomes sick, develops a disease or disorder, or incurs injury while working on site.

In addition, under the laws of California workers’ comp, you can file a claim if you have a “cumulative trauma illness” which has evolved over time or if you experience aggravation of a non-work related condition.

BENEFITS

When you “sustain an injury ‘arising out of and in the course of’ employment,” California workers’ becomes available in six types: you may receive covered medical care; you may collect temporary disability benefits; you may be able to collect permanent disability benefits (for cancer, for example); you can typically receive vocational rehabilitation; you might be able to use supplemental job displacement benefits; and your beneficiaries are able to collect death benefits.

All California workers’ comp depends, of course, on type of laws and contracts you have with your place of employment and, further, on the “nature, date, and severity” of your injury/illness.

For examples, consider how one public employee attempted to file for disability benefits after the statute of limitations was up—over a year after he had acquired the mental disability…. Or consider how another medical employee, upon developing cancer and subsequent to four major surgeries, chemotherapy, and radiation treatments, was able to file a claim for permanent disability. Or, for further examples and explanation, see The California Labor Board website (at http://www.dir.ca.gov/) or California Legal Code (at leginfo.ca.gov).