Knisbacher Law Office – San Francisco Bay Area Employment Law – Legal Issues at Work

Workers’ Compensation

Employers are required to carry Workers’ Compensation insurance.  They must provide you with a claim form if you are hurt on the job, or believe you are hurt on the job.  The Workers’ Compensation court is separate from the regular courts, and the recovery allowed is different as well.   A general overview of your rights under Workers’ Compensation is that you are entitled to pay for any time you are disabled from working up until you reach your maximum medical improvement (a doctor says that the injury is “permanent and stationary.)  This is called temporary disability.  You are also entitled to pay for the injury.  This is called permanent disability. The amount of money you receive for permanent disability is based on a formula which depends on the type of injury, the severity of the injury, your age and your job.  The employer is also required to pay for medical care for your injury.  Finally, you are entitled to some form of vocational rehabilitation payment if the work injury prevents you from returning to your job. 

An employer is not entitled to prevent you from filing a workers’ compensation claim, or to retaliate against you for filing a claim.

Published by Alden Knisbacher

I am an attorney who has represented California employees for the past 15 years. I currently have an office in San Francisco's financial district.