How Much Does Workers’ Comp Pay in California?
Usually, workers’ comp pays two-thirds of a job injury victim’s average weekly wage for the duration of a temporary or permanent disability. The AWW formula includes a nationwide average. A truck driver in Oceanside usually earns much more than a truck driver in Omaha. Furthermore, the AWW anticipates future lost income. If Ben’s work-related injury causes him to miss an overtime opportunity or a performance bonus milestone, his workers’ comp pay must reflect that loss.
In addition to lost wage replacement, an Oceanside personal injury lawyer can also obtain compensation for reasonably necessary medical bills. These benefits are usually available even if the victim was partially at fault for the illness or injury, or even entirely at fault for it. An Oceanside personal injury lawyer must only prove the illness or injury was work-related. A few limited defenses apply in a few limited cases.
Temporary Disabilities
Most work-related injuries cause temporary disabilities. Falls, the most common work-related injury, are a good example. A slip-and-fall usually causes broken bones and other such injuries. A fall from as little as three stories above ground could also cause a serious injury.
After a brief waiting period, workers’ compensation pays lost wage benefits until the last day of physical therapy, at least in most cases. The law recently changed in this area. It now allows victims more time to recover from their injuries and stay on workers’ comp.
The legal change involves the definition of MMI (maximum medical improvement). Now, if physical therapy plateaus, workers’ comp doesn’t automatically end.
Full lost wage replacement benefits are available if the victim is completely disabled and cannot work. Some victims can work part time or light duty assignments as they recover. If that’s the case, workers’ comp usually pays two-thirds of the difference between the old and new incomes. This benefit allows victims to work and take home basically the same amount of money, even if the light duty or part time job pays substantially less.
Permanent Disabilities
Occupational diseases often cause permanent disabilities. Toxic exposure illnesses are a good example. Fumes from many common, yet toxic, chemicals cause serious lung diseases.
Asbestos fibers could cause a serious disease as well. Asbestos was commonly used before 1980, and most residential and commercial structures were built before 1980.
For workers’ comp purposes, a “disability” is basically a medical condition that precludes full-time employment. So, a disability also has non-medical aspects. Some medical conditions are disabling to some people but not others. For example, if a nerve injury causes partial loss of use of a hand, many people can keep working. But this injury is disabling to a doctor to someone else in a similar profession.
Basically the same kinds of lost wage replacement benefits are available. If the victim is totally disabled, workers’ compensation usually pays two-thirds of the AWW for life. If the victim is partially disabled, workers’ comp typically pays two-thirds of the difference between the old and new incomes.
To determine a fair future AWW, an Oceanside personal injury lawyer typically partners with accountants and other outside professionals.
Work With a Detail-Oriented San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.
Source:
bls.gov/charts/county-employment-and-wages/average-weekly-wages-by-size-class-by-state-private-industry.htm
