Describe Form.
California Third Party Compromise and Release for Workers' Compensation
State:
California
Control #:
CA-17-WC
Format:
PDF
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Description How To Fill Out Wcab 3rd Party Compromise And Release
How to fill out California Third Party Compromise And Release For Workers' Compensation?
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FAQ
In some instances, these services are related to an accident or injury that is covered under a different insurer's plansuch as auto or workers' compensation insurance. This is called a third party payer.
Workers' compensation benefits depend on your status of employment when the injury occurred. The good news is that under this policy, quitting your job will not immediately disqualify you for benefits.Additionally, quitting a job can make you ineligible for California unemployment benefits.
The third party is another individual. Therefore, a third-party insurance claim is made by someone who is not the policyholder or the insurance company.A third-party claim is commonly referred to as a liability claim because someone else is liable for the injuries suffered by the third party.
Unlike claims brought against an employer, where damages are only awarded for loss of income, damages awarded in claims against a third party can include future medical expenses, gratuitous care and general damages for pain and suffering.
It is against the law for you to be fired specifically for filing a workers compensation claim, but your employer generally does not have an obligation to hold your job open for you while you are off work recovering from your injury.
The short answer is, no, your employer cannot fire you merely because of your workers' compensation claim.But your employer must be able to show there were reasons for firing you or laying you off that didn't have to do with your filing a workers' compensation claim.
While you do have legal rights and protections under California law from being dismissed because of injuries or disabilities related to your work injury, being on workers' compensation does not protect you from being fired or laid off.
Yes, you are required to release your medical records if requested when you file a workers' compensation claim after a workplace injury.
Under Section 132a of the California Workers' Compensation Code, it is illegal for an employer to fire an employee because of a work injury.For example, suppose an employee is cleared to return to work and his or her position is still available.