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What is Workers’ Compensation?
If you get hurt on the job, your employer is required by law to pay for workers’ compensation benefits.
You could get hurt by:
![Rectangle 3 (2) (1) Two construction workers sitting on a wooden platform.](https://cordovalawgroup.com/wp-content/uploads/2024/02/Rectangle-3-2-1.png)
What are the benefits?
They can include:
Termination of Employment - Labor Code 132(a) violation
It is illegal for your employer to punish or fire you for having a job injury, or for filing a workers’ compensation claim when you believe your injury was caused by your job. It’s also illegal for your employer to punish or fire co-workers who testify in your case. The California Labor Code (section 132a) prohibits this kind of discrimination.
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Serious & Willful Misconduct
If your injury is the result of the Employer’s Serious and Willful misconduct, then you can file a Serious and Willful claim directly against your employer, not the employer’s insurance company. A Serious and Willful act is an intentional act, more than a negligent, improper act or omission, by the employer with the knowledge that a serious injury will be a probable result of such act. Further, the employer’s misconduct could result in failure to provide a safe workplace or violation of a safety order, and the employee was injured as a consequence of such misconduct.
Uninsured Employers Benefit Trust Fund (UEBTF)
If you were injured on the job and think your employer was illegally uninsured, you may apply to the Uninsured Employers Benefits Trust Fund (UEBTF) for any benefits to which you might be entitled.
Subsequent Injuries Benefit Trust Fund (SIBTF)
The SIBTF is a source of additional compensation to injured workers who already had a disability or impairment at the time of injury. For benefits to be paid from the SIBTF, the combined effect of the injury and the previous disability or impairment must result in a permanent disability of at least 70 percent. The fund enables employers to hire disabled workers without fear of being held liable for the effects of previous disabilities or impairments.