Comp Benefits

California Workers’ Compensation Benefits

Overview of California

Workers’ Compensation Benefits

by Charles R. Wear
You were working at 100% capacity until you got hurt on the job. Date of Injury: DOI
Now you are recovering from your injury. The recovery process is not always smooth. You have good days and bad days, ups and downs.
While you are recovering you are entitled to certain benefits: 1.Temporary Total Disability Benefits
a. Payments every two weeks equal to 2/3 of your average weekly wages up to state-set maximum amounts.
2. Fully-paid, no-deductible, Medical Treatment [from a doctor of your choice]*
3. Mileage reimbursement for trips back and forth to the doctor.
*Your employer is entitled to provide the medical treatment for the first 30 days after your date of injury and thereafter if they have an approved medical provider network.
After your condition has stabilized, your treating doctor evaluates your condition to see if there has been a change in your work capacity. The date your condition is stable enough for this evaluation is called the permanent and stationary date (P&S).
Based on the change in your work capacity you may be entitled to these benefits: 1.Permanent Disability Benefits
a. Payments every two weeks ranging from $140-$230 or more per week [depending on your date of injury] for a specified number of weeks based on your percentage of disability.
2. Fully-paid, no-deductible, Medical Treatment for problems resulting from your injury
3. Mileage reimbursement for trips back and forth to the doctor.

For injuries prior to 1/1/04, if you can’t return to your previous occupation because of your injury you are a qualified injured worker (QIW) entitled to vocational rehabilitation services (VR). VR is a process intended to return you to suitable gainful employment. It can include re-training, assistance finding a job or starting a business.

For injuries after 1/1/04, if you can’t return to your job, you may be entitled to a Job Displacement Benefit which provides a voucher for training that will assist you to find a new job. The benefit ranges from $4,000 to $10,000.

 1.While you are in VR you receive weekly maintenance allowance of $246/week which can be supplemented up to your TTD rate from your permanent disabiity settlement amount.
2. There is a $16,000 cap on this benefit including payments to the rehabilitation counselor.
Your attorney gets paid a percentage of all benefits received after the permanent and stationary date at the time of the final award. These fees range form 9%-15%. All attorney fee awards are approved by the Workers’ Compensation Judge.
Cases can resolve three ways: If the level of permanent disability can be agreed upon, then:
1. A stipulation and award calling for weekly payments can be made. Future medical treatment is left open.
2. A compromise and release calling for a lump sum payment of the agreed upon settlement amount which will include extra compensation to buy out future medical treatment.
If an agreement cannot be reached, then
1. A Judge will make a finding and award after a trial on all issues.