Understanding Apportionment in California Workers’ Compensation

 Posted on August 22,2024 in Types of Benefits

While most California employees are entitled to workers’ compensation to cover the costs of injuries they suffer at work, there are guidelines and limitations to the compensation they can receive. If someone had a preexisting condition or some other underlying issue at the time they got hurt, that can impact the amount of compensation they are awarded. Apportionment is a calculation explaining how much of someone’s injury was caused by a workplace incident. If you were hurt and need to prove how much of your injury was the result of something that happened at your job, speak with a skilled Morgan Hill, CA workers’ compensation attorney to learn more.

How is Apportionment Calculated in California?

Since injuries can be caused by several factors, many workers’ compensation cases include the need to determine apportionment, which is the portion of an injury that can directly be attributed to work. If an injury was the result of several factors, the employer will not be solely responsible for compensating the injured employee. Because this can have significant implications for the permanent disability compensation you might be entitled to, your employer needs to meet strict standards before they can seek lesser compensation.

These legal standards for proving apportionment include:

• Substantial medical evidence: Your employer needs to have enough evidence to clearly demonstrate how much of the disability was directly caused by the work-related injury and how much was caused by other factors.
• Detailed and quantifiable apportionment: Any medical opinion recommending a reduction to the permanent disability you are entitled to needs to be justified by the facts of the case. There needs to be quantifiable apportionment detailing how any factors unrelated to work contributed to your overall disability.
• The burden of proof: Your employer has the burden of proof. If they cannot prove that your injury was caused by other factors, even partially, they need to fully compensate you.

Schedule a Free Consultation with a Santa Clara County, CA Workers’ Compensation Attorney

If you got injured at work, your employer’s workers’ compensation insurance company might challenge your claims and try to make it seem like it is not their responsibility to cover your accident-based expenses. A qualified Gilroy, CA workers’ compensation lawyer can help you navigate the process. At Cramer + Martinez, we are passionate about protecting your rights and appealing unjustifiable apportionment claims lacking sufficient medical proof. Call us at 408-848-1113 to schedule a free consultation.