|
Overview of California Workers' Compensation Benefits by Charles R. Wear |
| You were working at 100% capacity until you got hurt on the job. |
Date of Injury: DOI |
| Now you are recovering from your injury. The recovery process is not always smooth. |
You have good days and bad days, ups and downs.
 |
| While you are recovering you are entitled to certain benefits: |
1.Temporary Total Disability Benefits
a. Payments every two weeks equal to 2/3 of your average weekly wages up to state-set maximum amounts.
2. Fully-paid, no-deductible, Medical Treatment [from a doctor of your choice]*
3. Mileage reimbursement for trips back and forth to the doctor.
*Your
employer is entitled to provide the medical treatment for the first 30
days after your date of injury and thereafter if they have an approved
medical provider network. |
| After
your condition has stabilized, your treating doctor evaluates your
condition to see if there has been a change in your work capacity. The
date your condition is stable enough for this evaluation is called the
permanent and stationary date (P&S). |
| Based on the change in your work capacity you may be entitled to these benefits: |
1.Permanent Disability Benefits
a.
Payments every two weeks ranging from $140-$230 or more per week [depending on
your date of injury] for a specified number of weeks based on
your percentage of disability.
2. Fully-paid, no-deductible, Medical Treatment for problems resulting from your injury
3. Mileage reimbursement for trips back and forth to the doctor. |
|
For
injuries prior to 1/1/04, if you can't return to your previous
occupation because of your injury you are a qualified injured worker
(QIW) entitled to vocational rehabilitation services (VR). VR
is a process intended to return you to suitable gainful employment. It
can include re-training, assistance finding a job or starting a
business.
For injuries after 1/1/04, if you can't
return to your job, you may be entitled to a Job Displacement Benefit
which provides a voucher for training that will assist you to find a
new job. The benefit ranges from $4,000 to $10,000. |
1.While you are in VR you
receive weekly maintenance allowance of $246/week which can be
supplemented up to your TTD rate from your permanent disabiity
settlement amount.
2. There is a $16,000 cap on this benefit including payments to the rehabilitation counselor. |
| Your
attorney gets paid a percentage of all benefits received after the
permanent and stationary date at the time of the final award. These
fees range form 9%-15%. All attorney fee awards are approved by the
Workers' Compensation Judge. |
| Cases can resolve three ways: |
If the level of permanent disability can be agreed upon, then:
1. A stipulation and award calling for weekly payments can be made. Future medical treatment is left open.
2. A compromise and release calling
for a lump sum payment of the agreed upon settlement amount which will
include extra compensation to buy out future medical treatment.
If an agreement cannot be reached, then
1. A Judge will make a finding and award after a trial on all issues. |
California Workers' Compensation Benefits
