Workers’ Compensation Benefits in California: An Overview
In a nutshell, worker’s compensation benefits speed the injury or illness recovery process. The average number of days lost to work-related illness or injury has increased significantly. This factor highlights the importance of workers’ compensation benefits. These benefits enable workers to get back on the job faster. In the end, that’s what everyone wants.
Workers’ compensation in California is a no-fault insurance system that speeds benefits to employees who are injured or become ill as a result of their jobs. However, “no fault” does not mean “no problem.” Delays and denials are commonplace in these situations. Only a good Oceanside personal injury lawyer works through these delays and denials to obtain maximum benefits for injured or ill workers who need every dime they have coming to them.
Medical Benefits
Injured workers are entitled to all reasonable and necessary medical treatment related to their work injury or illness. This category includes:
- Doctor visits,
- Hospital care,
- Surgery,
- Physical therapy,
- Medications,
- Medical equipment, and
- Mileage reimbursement for travel to appointments.
In most cases, the employer’s Medical Provider Network (MPN) is responsible for providing this medical treatment.
Disability Benefits
Temporary Disability (TD) benefits compensate workers for lost wages when they are unable to work or their injuries force them to accept light-duty or party-time work.
Temporary disability payments are generally two-thirds of the worker’s Average Weekly Wages, subject to minimum and maximum limits set by state law. TD benefits continue until the worker returns to work, reaches Maximum Medical Improvement (since the victim’s health is “as good as it gets,” further treatment is unreasonable) or their conditions become permanent and stationary.
Workers with lasting impairments may qualify for permanent disability (PD) benefits. In California, permanent disability benefits are based on a rating system that considers the severity of the injury, the affected body part, the worker’s age, and occupation. These payments are typically made weekly and are designed to compensate for reduced earning capacity, not pain and suffering.
In tragic cases where a work injury or illness results in death, death benefits may be available to the worker’s dependents. These benefits include burial expenses and ongoing payments to spouses, children, or other dependents, depending on the family’s circumstances and level of dependency.
Job Displacement Benefits
California workers’ compensation also provides supplemental job displacement benefits (SJDB). If injured workers cannot return to their previous jobs and their employers don’t offer suitable modified or alternative work, the worker receives a voucher of up to $6,000 to help pay for retraining, education, or skill enhancement at approved schools or programs. This benefit helps injured workers transition into new employment.
Permanently disabled workers with difficulty finding work may be entitled to return-to-work and displacement assistance, including potential additional payments through the Return-to-Work Supplement Program.
The injury itself doesn’t dictate the extent of job displacement. Most Oceanside personal injury lawyers partner with vocational experts in these cases. These experts assess the victim’s realistic chances of finding comparable employment, given the worker characteristics mentioned above (age, health, etc.) and the overall labor market conditions.
Reach Out to a Tough-Minded 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. The sooner you reach out to us, the sooner we start working for you.
Source:
osha.gov/laws-regs/standardinterpretations/1999-12-16
