subject: CALIFORNIA WORKERS COMPENSATION RIGHTS & BENEFITS [print this page] CALIFORNIA WORKERS COMPENSATION RIGHTS & BENEFITS
Temporary Disability
When an injured worker is unable to return to work within three days of the injury, they are entitled to receive temporary disability benefits to partially replace wages lost as a result of the injury. The compensation rate is two-thirds (66%) of the employee's gross earnings, up to a maximum of approximately $986 per week. Temporary disability benefits are payable every two weeks, until the employee is able to return to work or until the employee is released by a doctor.
Permanent Disability
Injured workers who are permanently disabled meaning they have suffered some permanent impairment or disability to a body part are entitled to receive permanent disability benefits. Common forms of permanent disability are from orthopedic injuries, psychiatric injuries, from most surgeries, toxic or chemical exposures, strokes or heart attacks on the job or any situation where the injured worker does not completely recover.
Lifetime Pension
More severe injuries are also entitled to a life pension payments every week for the rest of an injured worker's life. These payments are in addition to any permanent disability payments. An experienced attorney may make the difference between having an injured worker qualify for lifetime pension benefits or not. We highly recommend that anyone with a serious injury consult with an experienced attorney.
Out-of-Pocket Expenses
Injured workers are entitled to reimbursement for out of pocket expenses, including reimbursement for mileage going to and coming from medical appointments and depositions. This includes medical, pharmacy, medication, parking and/or other related costs.
Job Training
Injured workers who are unable to return to their former type of work maybe entitled to job retraining benefits in order to help the injured worker find suitable and gainful employment. Up to $10,000.00 provided for this benefit which must be provided by a state approved or accredited school or vocational counselor.
Medical Care
Injured workers are entitled to be examined by a medical specialist who deals with the type of injuries sustained. If the injured worker is not represented by an attorney, the insurance company may send the injured worker to one of their network doctors who may not always properly document the injuries. These doctors may be more worried about being kicked out of the insurance company's doctor network rather than providing the appropriate medical care to the injured worker. An experienced attorney will be familiar with most of the insurance company doctors and specialists and can help you choose the best doctor for your injuries. In addition, the law provides that only in cases that injured workers are represented by an attorney, can the parties utilize an agreed medical evaluator who may efficiently and effectively solve any medical disputes or denials that exist.
Penalties
Insurance companies make millions of dollars every year by denying legitimate claims, medical treatment requests and not paying benefits on a timely basis. If your medical care or case is being unfairly denied, contact my office for a free consultation. You may be entitled to penalties and interest payments in some cases, including having your attorney fees paid as a result of insurance company's bad faith tactics. My office recovers thousands of dollars in penalties every month on behalf of injured workers whose benefit payments or treatment requests are late or denied.
Social Security Benefits
To be eligible for Social Security disability benefits, you must show that you are unable to perform any type of full-time work for at least 12 months. Benefits are not paid simply because you are unable to return to your former job. You must be able to prove that you are unable to work at all. The Social Security disability application process can be a slow one. Your attorney can assist you in obtaining benefits if you qualify.
