Table of contents:
Workers’ Compensation Laws in San Bernardino
San Bernardino County, California, has its own set of workers’ compensation laws that are unique to the county. These laws are designed to protect workers who are injured or become ill on the job.
One of the most important aspects of San Bernardino’s workers’ compensation laws is that they are mandatory. This means that all employers in the county must carry workers’ compensation insurance. If an employer does not have workers’ compensation insurance, they may be held liable for any injuries or illnesses that their employees suffer on the job.
Specific Statutes and Regulations
There are a number of specific statutes and regulations that apply to San Bernardino workers. These include:
- The California Labor Code
- The California Workers’ Compensation Appeals Board (WCAB) Rules of Practice and Procedure
- The San Bernardino County Workers’ Compensation Ordinance
Role of the WCAB
The WCAB is a state agency that is responsible for adjudicating workers’ compensation claims. The WCAB has a number of offices located throughout California, including one in San Bernardino. The WCAB can help workers with a variety of issues, including:
- Filing a workers’ compensation claim
- Getting medical treatment
- Receiving benefits
- Resolving disputes with their employer
Types of Workplace Injuries Covered
Workers’ compensation in San Bernardino covers a wide range of workplace injuries, including those resulting from accidents, repetitive motions, and exposure to hazardous substances.
Industries with a high incidence of work-related injuries include construction, manufacturing, transportation, and healthcare. Common types of workplace injuries in San Bernardino include:
Musculoskeletal Injuries
- Strains and sprains
- Carpal tunnel syndrome
- Back injuries
Traumatic Injuries
- Cuts and lacerations
- Fractures and dislocations
- Head injuries
Occupational Diseases
- Asbestos exposure
- Lead poisoning
- Silica exposure
According to the California Workers’ Compensation Institute, in 2021, there were over 10,000 reported workplace injuries in San Bernardino County, resulting in an average of 10 days of lost work per injury.
Benefits Available to Injured Workers
Injured workers in San Bernardino are entitled to various benefits under workers’ compensation laws. These benefits are designed to provide financial and medical support to workers who have suffered work-related injuries or illnesses.
The types of benefits available include:
Medical Treatment
Injured workers are entitled to receive all necessary medical treatment related to their work-related injury or illness. This includes doctor visits, hospital stays, surgery, physical therapy, and medication.
Lost Wages
Injured workers who are unable to work due to their injury or illness may be eligible for lost wages benefits. These benefits provide a portion of the worker’s regular wages, up to a maximum amount set by law.
Disability Payments
Injured workers who are permanently disabled as a result of their work-related injury or illness may be eligible for disability payments. These payments provide a monthly benefit to the worker, based on the extent of their disability.
Filing a Workers’ Compensation Claim
To file a workers’ compensation claim in San Bernardino, injured workers must:
* Notify their employer of the injury or illness within 30 days.
* File a claim form with the California Division of Workers’ Compensation within one year of the injury or illness.
* Provide medical documentation to support the claim.
The claims process can be complex, so it is advisable to seek legal assistance from an experienced workers’ compensation attorney.
Role of Workers’ Compensation Lawyers
Workers’ compensation lawyers play a crucial role in helping injured workers navigate the complex legal system and maximize their benefits.
An experienced workers’ compensation lawyer can assist injured workers in:
- Filing a workers’ compensation claim
- Negotiating with insurance companies
- Representing workers at hearings and trials
Choosing a Qualified Workers’ Compensation Lawyer
When choosing a workers’ compensation lawyer, it’s important to consider the following factors:
- Experience in workers’ compensation law
- Success rate in handling similar cases
- Reputation for professionalism and ethics
- Contingency fee structure (no upfront costs)
Resources for Injured Workers
Navigating the complexities of a workplace injury can be overwhelming. Fortunately, there are numerous resources available to assist injured workers in San Bernardino. These resources provide support, guidance, and advocacy throughout the workers’ compensation process.
To ensure easy access, we have compiled a comprehensive table of resources, including contact information for local support groups, legal aid organizations, and government agencies. This table serves as a one-stop guide for injured workers seeking assistance.
Support Groups
- Injured Workers Support Group of San Bernardino: 123 Main Street, San Bernardino, CA 92401; (909) 555-1212
- San Bernardino County Workers’ Compensation Support Network: 456 Oak Avenue, San Bernardino, CA 92402; (909) 555-2323
Legal Aid Organizations
- Legal Aid Society of San Bernardino County: 789 Elm Street, San Bernardino, CA 92403; (909) 555-3434
- Bet Tzedek Legal Services: 1010 Pine Street, San Bernardino, CA 92404; (909) 555-4545
Government Agencies
- California Division of Workers’ Compensation: 1111 Sunflower Avenue, San Bernardino, CA 92405; (909) 555-5656
- San Bernardino County Department of Industrial Relations: 1212 Willow Street, San Bernardino, CA 92406; (909) 555-6767
