C ENTRAL C ALIFORNIA L EGAL S ERVICES J USTICE . E QUITY . P OWER . W ORKERS ' C OMPENSATION & COVID-19 W HAT Y OU N EED TO K NOW For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
L YNDSIE R USSELL , E SQ . PRESENTERS A TTORNEY AT L AW M ILES S EARS & E ANNI , PC 2844 F RESNO S TREET F RESNO , CA 93721 T EL : (559) 486-5200 P RACTICE A REAS : P LAINTIFF ' S P ERSONAL I NJURY , W RONGFUL T ERMINATION , & D ISCRIMINATION MATTERS A LFRED A. G ALLEGOS L EGAL D IRECTOR C ENTRAL C ALIFORNIA L EGAL S ERVICES O FFICES IN F RESNO , V ISALIA , AND M ERCED C ENTRAL C ALIFORNIA T EL : 1-(800)-675-8001 L EGAL S ERVICES J USTICE . E QUITY . P OWER .
W ORKERS ' C OMPENSATION B ASICS • One event (injury) OR repeated exposure, Some psychological injuries. • Benefits include: Medical Care, Disability, Supplemental Job Displacement, and Death Benefits. • You must report the injury to your employer within 30 days. • Benefit amounts vary. • Employers must have measures in place to prevent injuries; training, inspections, and procedures for unsafe corrections. • Get emergency treatment if needed, call 911! For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
• California law requires employers to have Workers’ Compensation Insurance • Employees are still entitled to Workers’ Compensation medical or other benefits W HAT IF MY Uninsured Employers Benefits Trust Fund • EMPLOYER IS • Resources are available for assistance UNINSURED ? 1. Local Workshops 2. Information & Assistance office 3. www.dwc.ca.gov For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
W HAT I F THE E VENT W AS MY F AULT ? Aimed to balance employer Employer must provide Workers' Compensation is a and employee rights benefits regardless of fault ; “No-Fault” System employee generally surrenders the right to sue employer. For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
Injury or illness occurs at work W ORKERS ’ C OMPENSATION C LAIM T IMELINE Immediately notify your supervisor and if emergency, call 911. If your employer does not give you Employer gives you a claim form a claim form, fill out DWC-1 or (DWC-1). Complete & return to contact the Department of Industrial supervisor. Relations You should have access to medical Your employer will complete the care within 1 day of reporting your claim form and give a copy to injury/illness. If not, contact the you and the insurance company. Department of Industrial Relations Within 14 days, the insurance If your employer does not have company will send you a notice insurance, contact an attorney for regarding the status of your claim. assistance. For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
L EGAL S TATUS • Workers' Compensation available for everyone… Yes, everyone! • Citizen, Legal Permanent Resident, Undocumented access. • Must be an injury related to work For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
• Executive Order issued by Gov. Gavin Newsom • Changed Workers' Compensation landscape to include COVID-19 • Must have contracted COVID-19 from a M AY 6, 2020 work-related event • Outlines elements to meet a COVID-19 Workers' Compensation claim • This order sunsets 60 days from its issuance – July 5, 2020 For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
“I T IS H EREBY O RDERED T HAT …” • A Workers' Compensation claim is valid for COVID-19 if… • Diagnosed or positively tested within 14 days of working at employment • On or after March 19, 2020 • Place of employment is not employee’s home or residence The diagnosis was found by a licensed physician/surgeon and is confirmed • within 30 days. For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
S O W HAT E LSE A BOUT THE O RDER ? Full Workers' Compensation benefits still apply. If the employee has paid sick leave specific to COVID-19, the benefits must be used before Workers’ Compensation temporary disability benefits can begin. No waiting period for Worker’s Compensation temporary disability benefits. For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
H OW D O I A PPLY ? W HAT D O I N EED ? Report the injury to Your employer may If you are not your employer refer you to a referred, seek within 30 days medical professional medical care! Contact our Legal If the injury is an Find and submit a Advice and Referral emergency call 911 or DWC-1 form to your Line at 1-800-675-8001 check-in at an ER. employer to know your rights! For more assistance please call our Legal Advice & Referral Line at: 1-800-675-8001
DWC-1
T HANK Y OU F OR J OINING U S ! If you still have questions, or need assistance legal matters, please call us. We are here to help! Central California Legal Services Legal Advice & Referral Line 1-800-675-8001 www.centralcallegal.org Like Us On Facebook!
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