In order to qualify for workers’ compensation benefits, it’s essential to be an officially recognized employee. Most often, independent contractors, volunteers, and freelancers don’t qualify for these benefits according to California law. However, certain circumstances might allow for exceptions.
It’s worth knowing that there can be cases of misclassification, where employers wrongly label their employees as independent contractors – California has thorough criteria to identify the factual employment status.
Category: Back Injury
Can workers compensation and FMLA run concurrently
An employee’s workers compensation absence and FMLA leave entitlement can run at the same time. This means that while the employee is receiving workers’ compensation benefits to make up for lost wages, their job and health benefits are protected under the FMLA. The time an employee spends off work recuperating and receiving workers’ comp benefits is also being deducted from the mandated 12-week unpaid, job-protected leave provided by the FMLA.
In the event that both workers’ compensation and FMLA laws apply, it’s the duty of the employer to classify the leave as FMLA-qualifying (if applicable) and inform the employee of this situation. However, even if the employer fails to do this, the employee may still be eligible for FMLA leave after their workers’ compensation absence has ended. In certain cases, if an employee requires additional workers’ compensation medical leave after using up their FMLA leave, additional provisions may apply as a “reasonable accommodation” under California’s Fair Employment and Housing Act.
How workers compensation premium is calculated
According to the regulations of California, sustaining an injury at your workplace entitles you to a compensation equivalent to two-thirds of your gross income before tax. An upper limit on this compensation amount is set by the state, too.
To calculate your usual weekly earnings, divide your annual salary by the total number of weeks in a year (i.e., 52). For example, an annual income of $104,000 factors into a weekly wage of $2,000. By the principle of the state law, the maximum remuneration you could receive would be $1333.32, constituting two-thirds of your gross income before tax.
Are Worker’s Compensation Cases Public Record?
In the state of California, workers’ compensation is public record. However, while everyone can request information about a case, record coordinators do have the right to be able to deny a request. Specifically, they’re able to do so should releasing the information be a violation of federal or California laws regarding privacy.
Someone can access the records should they be a party to the claim, from the office of the district attorney, a member of a law enforcement agency, or have a journalistic purpose.
An experienced worker’s compensation attorney, Belal Hamideh can protect your rights in many ways. For a free case evaluation, message him through our site or call.
Are Workers Compensation Settlements Taxable?
Typically, workers’ compensation benefits are not taxed. This is because these payouts are sourced from taxpayer funds, and taxing once more would only pull back what was given out – an ineffective practice, to put it mildly.
The benefits you receive are exempt from tax under both state and federal law.
This holds true for temporary disability benefits meant to compensate for lost income during recovery, permanent disability intended to cover future wage losses due to job-related injuries, death benefits for dependents of workers who pass away from work-related accidents or for medical expenses incurred due to the injury.
Are Worker’s Compensation Benefits Taxable
Worker’s compensation is typically not subject to tax. After all, the system in place to disburse these benefits is funded by taxpayers, and taxing these benefits would essentially retract what has already been paid out – that would be inefficient, to say the very least.
The benefits you receive are all exempt under both state and federal law.
That’s true whether these benefits are for temporary disability to cover loss of income during recovery, permanent disability to address a future wage loss due to impairment resulting from a workplace accident, death benefits for dependents of a worker who died from a job-related accident, or for medical expenses related to the injury.
What to Do After a Construction Site Accident?
Firstly, get medical help straight away. Even if you feel fine and believe you can continue working, some injuries can be internal and may not manifest immediately. Hence, immediate medical attention is the best strategy.
Secondly, report the incident to your employer. It’s the right thing to do and won’t be seen as evading responsibilities.
How To Avoid Pedestrian Accidents?
Simply put, By Being Careful – Whether in a Vehicle or On Foot
When Do Personal Injury Cases Settle?
There’s no set time for how long it takes for a personal injury case to settle. Belal Hamideh, an experienced personal injury lawyer, has settled cases quickly and, on occasion, has represented his clients as aggressively as possible while the other side dug in their heels.
Sometimes, the other side realizes that they’re better off negotiating quickly with Belal so that he can get his clients what they deserve.
No matter what, the earlier you reach out to an experienced attorney, the better. That way, your attorney can get right to work on your behalf.
Can you sue for wrongful death?
Yes, you can absolutely sue for wrongful death. The people who are eligible to file this type of lawsuit are generally the immediate family members of the deceased, for instance, surviving spouses, children, and parents. Circumstances may also allow others like dependent minors living in the home of the deceased, other heirs, or next of kin to pursue a wrongful death claim. A representative designated by the deceased’s estate might also be eligible to file a lawsuit. It’s important to note that wrongful death lawsuits can be intricate and complex, but help is available.
You can reach out to accomplished wrongful death attorney, Belal Hamideh, for assistance during this difficult process. You can contact us for a free case evaluation through our website or with a phone call.
Who Can Sue for Wrongful Death in California?
When tragedy strikes and a life is lost due to the wrongful conduct of another, several parties are given the authority to initiate a wrongful death lawsuit. This typically encompasses the immediate family of the deceased, including the surviving spouse, children, and parents, who can seek monetary restitution through legal means. There are also instances where others, such as dependent minors living with the deceased, other inheritors, and blood relatives, may be entitled to instigate a wrongful death claim.
Additionally, a representative appointed for the deceased’s estate may have the authorization to lodge a legal suit. However, navigating the complex maze of a wrongful death lawsuit can be an arduous task, given its intricate nature. This is where the assistance of a proficient wrongful death attorney, such as Belal Hamideh, can be crucial. Reach out to us for a complimentary case assessment, either on our website or through a phone call.
What Are Car Accident Injuries?
Any car accident can lead to serious injuries. Even if you don’t think you were injured, get medical attention. Some of the worst injuries don’t reveal themselves until long after the accident.
Can Car Accident Cause Bulging Disc?
Yes. Yes it can. Most often, this comes from whiplash. As your head moves back and forth rapidly in an accident’s impact. This is one of the most common injuries that can occur in a car accident.
If you were in a car accident, get medical attention. Do this even if you don’t think that you were injured. Injuries such as bulging discs may not always be initially obvious. They could worsen over time without treatment. \
Should you or someone you love have been injured in an accident, schedule a free case evaluation with personal injury attorney Belal Hamideh. He’ll let you know what your claim is worth and how he can help you to receive all of the compensation you deserve. You can schedule this through our site or by giving us a call.
When Should I Report an Injury at Work?
As soon as possible. You have 30 days here in California. Report it to your supervisor as soon as you can. You gain no benefit from waiting.
If your injury is one that occurred over time, that developed gradually, such as arthritis or the like, you still want to be able to report it as soon as possible. If you suffer such an industry, then you have 30 days from the day you first became aware of the injury or when a doctor determined that you had suffered the injury.
Should you fail to report your injury on time, you could receive less benefits than you deserve or you may receive no benefits at all.
Report your work injury formally in writing to your employer. Your employer should, most likely, give you a claim form. Fill that out truthfully.
If you have any questions about a work injury, contact Belal Hamideh. An experienced workers compensation lawyer, he can help you through every step of the process.
Can I Fire My Accident Attorney?
Yes. You can fire your accident attorney for any reason. You can do so at any stage of your case. No matter if you just hired them or they’ve represented you for many years or any amount of time, you are always able to fire your attorney.
If you were injured in an accident or were hurt on the job, it’s worth it to speak to an experienced accident attorney.
Belal Hamideh has stood with victims for years, helping them to recover as much compensation as possible. You can schedule a case evaluation with him through the site or by calling.