If you work in California and your illness or injury is job-related, then under California law, you are entitled to receive workers’ compensation benefits. The first thing you need to do is to seek medical attention and then file a workers’ comp claim. Your employer’s insurance company is responsible, by law, for paying up to $10,000 of the cost of your ongoing medical treatment even if your claim is ultimately denied. Read on to find out how is workers comp calculated in California so you can estimate the amount of compensation that you’re entitled to receive. Keep in mind that as an employee in California, you need to show that your employer was negligent or at fault for your injuries, so it’s in your best interest to get specialized legal representation.
You have the right to get paid for all medical treatment including prescription meds, doctor’s and hospital bills, acupuncture treatment, medical supplies/ devices as well as up to 24 appointments with a physical therapist or chiropractor. You’re also entitled to temporary disability and permanent disability benefits. Temporary disability benefits generally cover two-thirds of your average weekly wage ( the pre-tax gross amount that includes wages from one or more jobs, and overtime, according to California’s Labor Code), up to $1,356/week for job-related injuries sustained after January 1st, 2021.
You may receive these benefits either intermittently or continuously but for no more than 104 weeks within 5 years from the day you were injured.
Employees who don’t make a full recovery from their job-related illness or injuries are entitled to receive long-term permanent disability benefits. The injured worker will be given a permanent disability rating, based on his/her age, occupation, and disability. Other benefits legally available include supplemental job displacement benefits ( a voucher of up to $6,000 if your employer does not offer you other/modified work within 60 days) and death benefits. ( for surviving dependents of employees who died from a job-related injury).
If you’ve sustained any injuries at work in California and you want to maximize your chances of getting the full amount of compensation that does you justice, do not hesitate to get in touch with California Workers Injury Law Center by phone at 714-599-2249 or via the online contact form to schedule a free consultation with a top California workers’ comp lawyer who will review your case and explain the best course of action. Note this specialized law firm takes workers’ comp cases on a contingency basis, so you don’t pay any fees unless they obtain the benefits that you deserve.