Workers’ compensation ensures that employees receive benefits when they are injured, contract or develop illnesses in the workplace. This law helps injured employees cover their medical bills and return to their jobs as soon as possible after an illness or injury. The following are frequently asked questions about workers’ compensation:

How do I file a workers compensation claim?

After an injury at the workplace, you should first inform your employer. If your employer is self-insured then you can file the claim directly. You should then visit a doctor and describe your injury or illness to him/her. Your employer will then give you the necessary forms to fill. The employer will submit the filled forms to the workers’ compensation agency and the insurance company. You should visit the nearest workers compensation office if your employer refuses to help you in filing the claim.

The insurance company will investigate and decide whether to approve or deny the claim. You can appeal in case your claim is denied.

Must the injury occur at the workplace for one to be compensated?

You have the right to be compensated as long as the injury is job-related. You will be compensated if the injury occurs during business trips and functions.

Can I be compensated for all work-related injuries?

This law does not cover all the work-related injuries. Your claim will be denied if you are using illegal drugs or when you get the injury while committing a crime. Also, self-inflicted injuries and those suffered while you are not on the job will not be covered.

Does the law cover all long-term illnesses?

Diseases that are caused by bad working conditions such as heart and lung disorders will be compensated. Therefore, you will receive benefits even if your injury was not caused by an accident.

Does it cover my medical bills?

Workers comp will cater to your treatment expenses. In case of permanent disability, you will receive payments to cater for your lost salary. It may also pay for retraining and rehabilitation.

Does it cover all employees?

Workers’ compensation coverage depends on the number of employees, type of work and also business type. Farmworkers, casual and domestic workers are not eligible for compensation.

How UELG can help you!

The United Employees Law Group (UELG) can help you file the claim and appeal in case it is denied. Contact them for guidance and strong representation during trials. Visit https://www.californialaborlaw.info/areas-of-practice/ for more information about UELG’s services.

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If there is any public work violation, a public works complaint can be filed. Some of the violations which can make you file for the complaints include failure to pay prevailing wages as well as the use of apprentices.

If you work in a public works project, you should complete the worker complaint form. When filling the form, you should try and do it as best as you can and remember to indicate the date of signing the form.

You should also include copies which support your complaint.

Can you file public works complaint if you don’t work in public works?

Yes, you can file a workers complaint if you don’t work in public works. The labor commission allows unions, corporations, labor management, public agencies, competitors and other interested parties to file the complaints.

If you like to file a complaint in California, then you should address your complaint to the labor and wages office. Always ensure you have indicated the right address or else your complaint will not reach the final destination.

What happens after a complaint has been filed?

There are several stages which follow after you have filed the complaint. The department of labor will work on your case and ascertain whether it is worth the compensation. Some of the steps followed include the following:

• The case is assigned investigation to the public works unit

The public works unit of labor is the one responsible for investigating your case. If you had not provided enough information, an investigator could contact you for additional information. If you provide any information to the government agency, you are protected against actions such as demotion, firing, disciplinary action or even suspension.

You should always provide the right information if you like to access justice.

• The investigator interviews witnesses

After you have provided enough information to the investigator, he will then proceed to access more information from the employer as well as other witnesses who may know more about the incidences. If the investigator identifies violations, he will give citations to the affected contractor.

The awarding body will be then instructed to withhold any payment till the matter is fully resolved. All the contractors have the right to appeal to any citation.

It is a transparent procedure which is aimed at making you receive the justice you deserve.

If you face any challenge when filing for public works complaint, you should get in touch with a qualified lawyer who can help you in the process.

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Any employee working in the US, including those in the state of California, might find themselves in the situation where they desire to file a wage claim. If this does occur, it is important to understand all the legal and technical information relevant to this process.

Here is the breakdown of the key facts about filing a wage claim.

What does a Wage Claim Represent?

A current employee or an employee that is no longer in the employment of a particular individual or organization might file a claim on an individual basis for a range of reasons. These include wages that have not been played out, including, bonuses, overtime or commissions.

A wage claim can also relate to wages that have been played by checks that were proven to have insufficient funds, lack of final paycheck before the employment ended, unused hours of vacation that have not been paid once the employment was terminated, and deduction from paychecks that have not been authorized.

A wage claim can also focus on business expenses that have not been reimbursed, failure of the employer to provide rest periods or meals or even waiting time penalties that have accumulated because of unpaid wages.

In these and other similar eventualities, an employee has the legal means of getting the funds that belong to them through a wage claim.

How to File a Wage Claim?

For the process of the filing of the claim to begin, an employee first needs the DLSE Form 1 of the Initial Report or Claim. This form is also accompanied by additional information sheets that are designed to assist the same claimant.

Along with these forms, an employee can also assess a special set of instructions which explains in detail which forms and documents need to be submitted so that the wage claim can be processed.

All of the said forms and instructional documents can be found on official government websites and from there, they can be downloaded, completed and then printed out before being sent.

Where Should a Wage Claim Be Filed?

The wage claim, once it is completed and accompanied by all necessary documents, should be sent by mail or delivered in person to the office of the Labor Commissioner for the particular region, city or community. A listing of all the offices can be found on the same government websites and from there the closest one can be chosen.

Once the claim is filed, an employee can check their status by calling the office, or by sending an email with the same inquiry. Once the claim is fully processed the same matter of wages can be finally settled.

With this information on how to file a claim, any employee in California should be able to make sure that their wages are paid out in full..

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If you feel that you have been discriminated against by your employer, then you should immediately file a complaint with Equal Employment Opportunity Commission ( EEOC). If you don’t want to reveal your identity, then another company can also file the complaint in your behalf.

Time: As per law, the complaint should be filed within 180 days from the date of the incident. However, you shouldn’t wait for that long. Gather all the evidence as quickly as possible. If you file the complaint early, then chances of success are also pretty high.

How to File: For filing the complaint, you have to get in touch with EEOC. The best option will be to directly visit their office and file the complaint in person. If that is not possible, you can mail them. You can also call their helpline numbers.

Information: While filing the complaint, you will be asked about your basic details like name and phone number. You may also be asked about the name of your employer and their address. You have to describe in details the complete incident and also the exact date of the incident.

After the complaint: After you have launched the complaint, the EEOC will look into the matter. If your case is serious, then they will try to resolve it immediately. During the investigation, they may visit your workplace and conduct several interviews. If they find out that you have been indeed discriminated against, then you can expect to be compensated. Compensation can be of various kinds. You may be promoted or you may get paid. However, if EEOC fails to solve your case, then you are eligible to sue your employer within the next 90 days. In that case, it will be better, if you hire an experienced lawyer who deals in such kinds of cases.

You should also keep the following things in mind:

1. Before filing the complaint, once go through the anti-discrimination policy of your organization. If your organization has an internal committee to deal with such kinds of cases, then file a complaint with them as well.

2. Throughout the investigation, cooperate with them as much as possible. Give them all the details which you have. It will improve your chances of winning the case.

3. Do not be scared to file the complaint. As per law, your employer can’t retaliate against you or create a negative work environment after the complaint has been filed.

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