Work-related accidents happen every day in Los Angeles. When an employee has an accident on the job, he or she has the right to receive benefits through workers’ compensation insurance. Through this insurance you receive medical assistance, payment of 2/3 of your average weekly salary over the previous year, rehabilitation, and pay for temporary or permanent disability. According to the Department of Workers’ Compensation in California, you have the right to these benefits even if the accident was your fault, as long as it wasn’t intentional.
State and Federal laws establish the statutes that protect workers’ rights. In California the employer-employee relationship can be terminated by either party without cause or for any reason, but this does not mean that employees have no rights or that they are without protection in case of work-related accidents.
Can I get benefits if the accident was my fault?
- The law is intended to grant benefits to an injured worker regardless of whether he or she was responsible for the injury. However, the law does not include work-related accidents due to intoxication or the use of drugs, accidents that happen while the worker is committing a crime, or accidents that are the result of not using necessary safety equipment that the employee has been told he or she is required to use.
- In almost all cases fault is not a factor in the decision about your right to receive compensation benefits. The only requirement for you to get benefits after having a work-related accident is that the injury or occupational illness occurred because of your job or while you were doing your job.
This Blog is made available by Grupo MedLegal for informational purposes only and does not provide legal or medical advice. The information provided on the Blog should not be used as a substitute for competent legal or medical advice from a licensed professional.