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What Types of Benefits Can I Receive From Workers’ Comp?

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When someone gets hurt at work, they should be able to count on workers’ compensation to help cover their expenses. However, many people do not know what kind of benefits they can get through the workers’ comp system. At DiMarco | Araujo | Montevideo, our Orange County workers’ compensation lawyers want to review what kind of benefits you are entitled to receive under California law if you sustain an on the job injury.

1. Medical Bills

Arguably the most vital part of workers’ compensation benefits is getting help with medical bills. In California, an injured worker is entitled to receive coverage for all medical treatment related to the work injury. However, the injured worker will be treated by a doctor in a special network called a Medical Network Provider (MPN).

All treatment for a workers’ compensation case will be based on medical treatment guidelines to determine the frequency, duration, and appropriateness. Doctors in the MPN must follow medical treatment guidelines through a process known as Utilization Review (UR). The treating doctor will care for the injured worker until they believe the injured worker has reached maximum medical improvement.

2. Temporary Disability Benefits

Temporary disability benefits are designed to pay for lost wages a worker incurs due to their injury. These benefits are a substitute for the wages they would otherwise have earned if they had not been injured, but they are only paid after the insurance carrier agrees that the injury is work-related. These benefits are paid every two weeks after approval, and a worker will receive two-thirds of their average weekly wage (AWW). These benefits are paid for a maximum of 104 weeks within a five-year period from the injury date.

3. Permanent Disability Benefits

If an injured worker has a loss of future earning capacity due to the permanent effects of their injury, they will be paid permanent disability benefits. These benefits are rated on a scale from 0% to 100%. If an injured worker’s disability rating is less than 100%, they will be considered partially disabled, and they will receive weekly benefits for a set period of time.

However, if a worker is 100% disabled, they are entitled to receive weekly payments at the temporary disability rate for the rest of their life.

4. Rehabilitation / Job Displacement

If an injured worker is unable to return to work, they could be entitled to a $6,000 supplemental job displacement voucher. An employer can avoid paying this voucher, but they have to offer the employee a regular, modified, or alternative work schedule, and the work must:

  • Be 85% of the salary of their prior job
  • Be within a reasonable commuting distance of the injured worker’s residence
  • Last at least 12 months

If a worker receives a voucher, it can be used in various ways to help gain new employment, including placement and resume services, licensing and exam fees, tools for training, computer equipment, etc.

Do You Need an Attorney?

If you or somebody you love has been injured at work, you may need to talk to an attorney to ensure you get full compensation. These cases can be complicated, but the team at DiMarco | Araujo | Montevideo is ready to get to work to ensure you receive all the benefits you are entitled to. When you need an Orange County workers’ compensation attorney, you can contact us for a free consultation by clicking here or by calling (714) 783-2205.

Covid 19 Update: We are accepting new cases and we handle everything electronically and remotely, so our clients never have to leave their homes.