Workers’ compensation benefits in California help workers of all kinds in countless ways. Workers’ compensation is a legal imperative for businesses and is designed to provide employees who get injured or sick due to work-related activities with compensation in various forms.
According to the law, workers’ compensation benefits are due, are owed and are paid regardless of who is at fault for the cause of the injury. However, due to the no-fault basis for liability, workers give up the right to sue their employer over work-related injuries or illness for the regular damages otherwise available to an injured person who is suing another party for negligently causing an injury.
Learn more about the various workers’ compensation benefits in California available to workers who experience injuries or illnesses due to work. If you are ready to file a claim or need assistance getting the benefits you deserve, contact Gold Country Comp Center to schedule a free consultation with our California workers comp lawyers.
Workers’ Compensation Benefits in California
It is the primary responsibility of a business to sign up for workers’ compensation insurance. Workers’ comp insurance is where the payments to injured workers come from, unless the employer is so big that the State has allowed it to be self-insured for Workers’ Compensation purposes.
After experiencing an injury or symptoms of an illness, the afflicted worker must file a workers’ compensation claim with the insurance company. However, filing a claim and getting benefits isn’t a simple process. So what sort of workers compensation benefits in California are actually available?
Medical Care and Mileage
Medical care is provided is provided through networks of providers as is usually the case with private medical insurance coverage. Although California law allows the insurance carriers’ “in-house” doctors to in essence veto medical decisions and prescriptions your treater wants to provide, medical care with no deductible or co-pay is provided. Mileage, bridge tolls and parking for travel to and from the doctor, the pharmacy, physical therapy etc. is also paid as part of the medical care benefit.
Permanent Disability
For workers who become permanently injured in some way, there are either permanent disability benefits to cover ongoing medical costs long-term or a negotiated option to take a lump sum financial settlement. How much the lump sum settlement is for will vary based on a variety of factors, including the nature of the injury and how long the employee is incapable of working.
While taking a lump sum settlement can seem more appealing at first, it’s important to remember that the total amount of compensation should be able to cover ongoing medical costs as well as lost wages. For this reason, it’s always best to consult with an experienced disability attorney to gain a better understanding of all the options available. Additionally, insurance carriers will usually insist on a waiver of the right to future medical care, for which they will pay extra.
Temporary Disability
For workers who experience an injury or illness that only affects them temporarily, or until the effects of the injury have stabilized and is deemed unlikely to substantially change in the next year, temporary disability benefits are available. Temporary disability benefits are different from permanent disability benefits in a few key ways.
Generally, injured workers will receive 2/3 of their average wage loss during the period they are unable to work and suffer a wage loss. These benefits are only payable for a maximum of 104 weeks within 5 years of the injury date. Obviously, if you return to work, temporary disability ends unless you continue to experience a wage loss, which still entitles you to 2/3 of that loss. It’s also important to note that temporary disability benefits are tax-free. Still, the only way to ensure an injured worker receives the maximum amount of California workers’ compensation benefits available to them is to seek out counsel from a qualified and experienced workers’ comp attorney.
Vocational Rehabilitation:
Another part of the benefit package a seriously injured worker may be entitled to is the Supplemental Job Displacement Benefit, commonly referred to as the “voucher.” It is a certificate that is like a limited use credit card valued at $6,000 that can be spent on courses approved by the California Dept. of Workers’ Compensation. All “brick and mortar” programs must be inside the State. The approved list includes colleges, universities, vocational training programs and on-line training. If a computer is needed, up to $1000 can be reimbursed upon documenting the need per the applicable rules. Also, once the voucher is sent to the appropriate State office, California will send the voucher holder a check for $5000.
The entire Workers’ Compensation process is complicated, and most everyone should consult with a specialist soon after being injured. Many attorneys, such as those at the Gold Country Workers’ Comp Center offer a free consultation.
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