California Injured Workers are Entitled to Workers Compensation Law Benefits
I’m going to talk to you today about The Four Benefits Workers Injured on the Job are Entitled to Under Workers Compensation Law. Instructing the client on The Four Benefits Workers Injured on the Job are Entitled to Under Workers Compensation Law is the first thing that I do after I discuss with them the particulars of their work related injury. I will explain The Four Benefits Workers Injured on the Job are Entitled to Under Workers Compensation Law because it is important for the client to know from the outset of their lawsuit or claim what they could potentially get out of their case.
Not knowing what they can expect to get can cause unneeded stress and disappointment throughout the case and a significant misunderstanding and disappointment at the end of the case when settlement time comes. So here it goes. The following are the four benefits that injured workers can potentially get out of a Workers Compensation claim or lawsuit in plain English.
1) Medical Treatment to cure and relieve the work related injury or condition. The type and amount of medical treatment will be determined by the injured worker’s primary treating physician for their workers compensation claim, and will be overseen by the insurance company for reasonableness and medical necessity.
2) Temporary Disability Benefits. This is a form of wage replacement benefit in the form of money provided to the worker who cannot perform their job while they recover from a work related injury. If a doctor says that the injured worker cannot perform their customary duties and the employer cannot offer modified work within the injured worker’s medical restrictions, the injured worker should probably be getting temporary disability benefits. The amount the worker is entitled to is 2/3 of the worker’s gross wages, up to a maximum of $1,066.72 per week. A worker cannot collect this benefit for more than two years for injuries occurring 2005 or later.
3) Permanent Disability Benefit. This benefit comes at the close of the Workers Compensation claim. It is in the form of money. It is calculated based upon a permanent impairment rating assigned by the primary treating physician or second opinion physician taking into account other factors including how strenuous the workers job was when he or she was injured and the amount of pay the injured worker was making at the time of the injury. This benefit is awarded when a doctor determines that the injured worker has a level of permanent impairment due to their work related injury that results in the worker having a decreased ability to compete in the open labor market with other, healthier workers. It is supposed to represent the decreased earning capacity of a worker who is now permanently injured.
The amount of permanent impairment increases with the severity and permanence of the worker related injury. It is important for the injured worker to understand that permanent disability benefits do not compensate the injured worker for actual loss of future earnings and likely do not even come close to the amount of money the injured worker will lose in the future due to a permanent injury sustained on the job. It is even more important that the injured worker who is filing a claim understand this from the outset of their case so that they know what to expect and plan accordingly. As a Workers Compensation lawyer, I will give my opinion on the maximum upside an injured worker can expect to receive so that the client knows what a realistic outcome of their claim looks like.
4) Vocational Rehabilitation Benefit. This is a job retraining voucher in the amount of $6,000.00 that the injured worker may be entitled to at the end of their case. The $6,000.00 is for the worker to use to learn a new skill that is within their ability to perform now that they have a permanent impairment due to their work related injury. There are exceptions that disallow this benefit, and not all workers will qualify for this benefit. As a California Workers Compensation lawyer, I explain to the client what the exceptions are to this benefit and what needs to take place to receive it.
The Four Benefits Workers Injured on the Job are Entitled to Under Workers Compensation Law
This has been a general overview of the four benefits that California Workers Compensation provides to injured workers. If you have been injured at work, you should contact Attorney Alexander Napolin to discuss the particulars of your case and what you benefits you may be entitled to should you file a claim. Every case is unique and an experienced California Workers Compensation Attorney will be able to help you maximize and make sure you receive all the benefits to which you are entitled.
Hi, my name is Alexander Napolin, and I am a California Workers Compensation and Personal Injury Attorney. My office is located in California, California, and I serve clients in the Inland Empire, San Gabriel Valley, Orange County and Riverside County areas of Southern California.
For more information on Workers Compensation law, contact me at 909-325-6032 or visit my website www.napolinlaw.com