Claim Your Workers’ Compensation Employee Rights and Benefits
Work Related Injury
After a work injury, you could receive:
Medical Treatment & Care
You either get to treat with your own medical provider, or you get treatment from an employer or insurance-provided doctor provided thorough a Medical Provider Network (MPN). Either way, you are entitled to treatment by a professional (medical doctor, chiropractor, acupuncturist, psychiatrist, psychologist, etc.).
If you are unable to work because of any work-related injury, you may be paid temporary disability (wage loss). This is payable at a rate up to ⅔ of your average weekly wage for up to 104 weeks (2 years) and up to a maximum of $1,074.64 per week, depending on the date of your injury.
You may get paid permanent disability—compensation for any residual impairment that affects your ability to do the job you were performing at the time of your injury. These payments are made at a rate of up to a maximum of $290.00 per week, depending on the date of your injury.
Supplemental Job Displacement Voucher
If you end up with a permanent disability from your work-related injury and you meet other markers per case law, then you may be entitled to a voucher (for additional education or training) of up to $6,000.00 or more, depending on the date of your injury.
You may be entitled to one or more of the following:
You may be entitled to reasonable reimbursement for out-of-pocket medical and mileage expenses. This may include co-pays or items you purchased on your own recommended by your treating physician.
An injured worker may be entitled to reimbursement of reasonable transportation expenses if he or she has to travel to get treatment for a work injury including mileage reimbursement of up to $0.57 per mile, depending on the date of injury.
If an injury causes death, then benefits of up to $320,000.00 may be payable to the injured worker’s spouse, children, or dependents; however, this type of recovery is contingent upon meeting numerous case markers per provisions of the Labor Code and legal precedent.
State Disability Benefits
If your employer or its insurance company refuses to pay you temporary disability, you may be entitled to state disability benefits; however, these may be subject to reimbursement out of your settlement.
If you are discriminated against in any manner solely because of your work injury or even your intent to make a claim for one, you may get reimbursement of the following: lost wages and reinstatement of your job if you were fired or terminated. You can also receive restoration of your health benefits if you lost them, vacation hours or sick days used to take off work for treatment or rest due to your injury, 50% of the total compensation paid up to $10,000, and maybe more depending on your situation.
Employer Violation of OSHA Rules & Misconduct
If your injury is the result of your employer’s serious and willful misconduct or reckless disregard for your safety that results in your injury, you may be reimbursed 50% of every medical treatment bill (past, present, and future) paid by your employer or insurance company. You may also receive 50% of every temporary disability check paid, 50% of every permanent disability benefit paid, and 50% of every rehabilitation benefit paid.
Social Security Disability Benefits
If you are disabled for more than one year or you will never work again, which is atypical, then you may be entitled to Social Security disability benefits.
You are entitled to California workers’ compensation benefits for any work connected injury or illness regardless of who was at fault, whether it occurs as the result of a specific event or overtime (even if you were unaware you were developing a work-related medical condition). In the event you are injured or become aware you may have a work-related medical condition, you should immediately report the accident to someone in a position of authority and file the appropriate claim form. Do not accept your employer’s decision as to whether or not you are entitled to workers’ compensation benefits.