Many look upon Workman’s Compensation as a program designed to benefit only the employee. After all, the state of California mandates employers participate. In other words it is not a voluntary program. In reality, Workers’ Compensation serves to benefit employers as well as employees. If it were not for this type of coverage, an employee would be within their legal rights to file suit against an employer for actions or neglect responsible for causing their injury. Since this program prohibits legal action against the employer, with the exception of intentionally causing the injury, the only action which could be taken would be by OSHA or other Government agencies for not following workplace safety guidelines.
The California Workman’s Compensation Program might be considered as ‘no-fault” insurance. This is because benefits are paid regardless of who was at fault in causing the injury. Responsibility could lie with the employee, the employer, a co-worker Under California law, benefits would be paid. California allows benefits in the form of Medical expenses, Hospital stays, Rehab costs, prescriptions, Replacement income and even Occupational rehab in certain cases.
As with Arkansas, California gives initial selection of the treating physician to the employer or Insurance provider. The law, however, allows the employee to change physicians after a period of time. The only exception to this would be in the situation where the employer or Insurance carrier has placed the injured employee in a Managed care network. It is crucial the injured worker understand exactly when the benefits will be paid. The state will only pay benefits if the injured worker is unable to return to work after 14 days from the time the injury occurred. When the benefit payment is made, it will be retro-active to the date of injury.
Under California law, there are some exemptions from Worker Compensation coverage. Yes, Domestic workers are currently exempt as are babysitters. However, there are proposals in front of Law makers which may change the picture all together. Should certain bills be passed, both domestic help and babysitters will be included in Worker Compensation statutes. The only exception, regarding babysitters, is they must be over the age of eighteen and non-family.
California does place some restriction on Medical treatment. Emergency room treatment is not effected. However, Chiropractor visits, Physical therapy and Occupational visits are limited to twenty-four each. As in selecting a physician, restrictions can change should the employee be receiving treatment through a Health care network.