Are You Eligible For Workers’ Compensation Benefits In Oakland?

If you are planning to make a move to Oakland, California one of the things that should be on your mind is worker’s compensation benefits. If you have been a worker for many years you still need to pay heed to this. Injuries can happen at any workplace. While the risk of injuries and illnesses is high when it comes to hazardous roles there are enough instances of workers in sedentary roles suffering injuries/illness at workplace. In such events workers’ compensation comes to rescue covering treatment costs, rehabilitation expenditure and wage losses. If you are moving from a different state you need be aware that law and eligibility with respect to workers’ compensation in California may be different from your previous state of residence.

While most employers do abide by law and offer complete support to their employees during an illness or an injury there are employers who try different tricks in the book to deny treatment costs and wage benefits. In such events you should consult Oakland workers comp attorney and seek their legal counsel. They would advise you on the right course of legal action and also ensure that your rights are protected and you are adequately compensated. However it is important for you to understand your eligibility for Workers’ Compensation benefits in Oakland. Here are the eligibility criteria for employees to enjoy these benefits.

• Company Size – Different states have different criteria as far as the size of the company is required and in the State of California a business employing one or employee is required to offer workers’ compensation benefits. Thus even if you are the only employee you are eligible for the benefits.
• Profile Eligibility – There are certain work profiles that aren’t covered under the worker’s compensation and these include seasonal employees, agricultural employees, domestic help and independent contractors.
• Independent Contractors – Since employers by law aren’t required to offer these benefits to independent contractors they often use this as a means to deny benefits to regular employees. However Oakland workers comp attorney can help clients who are being denied this benefit misusing this clause.

Definition of Illness and Injury   Any injury or illness that can directly be attributed to the workplace is eligible for workers’ compensation benefits. Your employer has to pay compensation in all such cases when you were at work even if it was outside the premises of your office such as delivering goods or working at a clients’ site. The same goes for illnesses that you contract working in hazardous work conditions or being constantly exposed to chemicals, sound, high temperatures etc. needs to be compensation by the employer.

Types of Benefits  Now that you understand your eligibility for workers’ compensation benefits in Oakland it is also important for you to know the kind of benefits you are eligible for. As per law in California workers are entitled to five types of benefits under Workers’ Compensation and here we look at them –

• Medical Care Benefits – The cost of your treatment and rehabilitation have to be borne by the employer in the event of any illness or injury that can be attributed to the workplace.
• Temporary Disability Benefits – Employees suffering from temporary disabilities and unable to resume work due to a long recovery period are compensated for wage losses.
• Permanent Disability Benefits – This deals with compensation in the event of permanent disability where the employee isn’t fit enough to work again.
• Supplemental Job Displacement Benefits – This was introduced in 2004 and has been applicable since then. Under this employers have pay for skill enhancement and retraining costs of workers when they can’t recover completely and resume active services with their employer.
• Death Benefits – This is meant to compensate spouse, children and other dependents in the event of death of a worker due to illness or injury during work.

In case one feels that they are being denied rights and benefits by the employer they must immediately seek help from a reputable Oakland workers comp attorney. Well versed in this field of law they fight for the rights of their clients and ensure they get rightful compensation and get to start their lives afresh after suffering illness or injury at work.

Summary – In this write-up we look at the eligibility criteria for workers’ compensation benefits in Oakland and look at who are eligible for these benefits.