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If you’ve been injured on the job in California, you might wonder, “What benefits can I get from workers’ compensation?” Here’s the answer.

California’s workers’ compensation system provides benefits for medical treatment, lost wages, disability compensation, job retraining, and death benefits for dependents. These benefits aim to support injured workers while they recover and get back on their feet.

Workers’ compensation laws can be complex, but with decades of experience helping injured workers in California, the attorneys at Scher, Bassett & Hames are here to ensure you receive every benefit you’re entitled to. Below, I’ll explain the types of benefits available, how they work, and how to secure them successfully.

What Is Workers’ Compensation?

Workers’ compensation is a state-mandated insurance program designed to protect employees injured on the job. It provides financial and medical benefits regardless of who is at fault for the injury. California requires all employers to carry workers’ compensation insurance to cover:

  • Medical treatment for injuries or illnesses.
  • Wage replacement for lost income during recovery.
  • Compensation for permanent disabilities.
  • Support for dependents in the case of a fatal injury.

Quick Tip: Even if your employer is uninsured, you may still qualify for benefits through the Uninsured Employers Benefits Trust Fund (UEBTF).

 

1. Medical Treatment Benefits

Workers’ compensation covers all reasonable and necessary medical expenses related to your work injury, including:

  • Doctor visits and specialist care.
  • Hospitalization and surgeries.
  • Prescription medications.
  • Physical therapy and rehabilitation services.
  • Medical equipment like crutches or wheelchairs.

How It Works:

  • Your employer or their insurance carrier will direct you to an approved medical provider network (MPN).
  • Emergency care can be obtained immediately, but follow-up treatment must typically be with an authorized provider.

Quick Tip: Always inform your doctor that your injury is work-related to ensure proper documentation.

 

An injured worker calculating damages

 

2. Temporary Disability Benefits (Wage Replacement)

Temporary disability benefits compensate for lost wages while you recover and cannot work.

  • Eligibility: If your doctor confirms that your injury prevents you from performing your job.
  • Amount:
    • Payments are generally two-thirds of your average weekly wage, up to state maximum limits.
    • For injuries occurring in 2024, the maximum weekly rate is $1,728, and the minimum is $242.

Duration:

  • Benefits are paid every two weeks until you can return to work or reach maximum medical improvement (MMI).
  • The maximum duration for temporary disability is 104 weeks within five years of your injury.

 

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3. Permanent Disability Benefits

Permanent disability benefits compensate for long-term or permanent impairments that affect your ability to work.

  • Partial Disability: If you can work but have lasting limitations, you may receive partial disability benefits.
  • Total Disability: If you are permanently unable to work, you may qualify for total disability benefits.

How It’s Determined:

  • A doctor will evaluate your condition and assign a disability rating, which determines the amount of compensation.
  • Ratings range from 0% (no disability) to 100% (total disability).

Quick Tip: Disputes over disability ratings can be resolved through a Qualified Medical Evaluator (QME).

 

4. Supplemental Job Displacement Benefits (Retraining)

If your injury prevents you from returning to your previous job, you may qualify for a supplemental job displacement benefit.

  • What It Provides:
    • A $6,000 voucher for education, retraining, or skill enhancement.
    • Funds can be used for tuition, books, equipment, or certification exams.
  • Eligibility:
    • Available if your employer cannot offer modified or alternative work within your restrictions.

Quick Tip: Use this benefit to explore new career paths or enhance your existing skills.

 

An employee who was injured on the job
Worker Accident Insurance Disability Compensation And Social Benefits

 

5. Death Benefits for Dependents

In the unfortunate event of a workplace fatality, workers’ compensation provides financial support to dependents.

  • Who Qualifies:
    • Spouses, children, and other dependents who relied on the deceased worker’s income.
  • Amount:
    • Payments are based on the worker’s earnings, with a maximum cap.
    • Funeral expenses up to $10,000 are also covered.

Quick Tip: Dependents must file a death benefits claim within one year of the worker’s passing.

 

Call Scher, Bassett & Hames for Expert Legal Help

If you’ve been injured at work, understanding and securing your workers’ compensation benefits is essential. At Scher, Bassett & Hames, we specialize in helping injured workers in California navigate the claims process and fight for the benefits they deserve.

Call us today at 408-739-5300 for a free no-obligation consultation. Let us help you get the compensation you need to recover and move forward.

 

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FAQs About Workers’ Compensation Benefits in California

Can I receive both temporary and permanent disability benefits?

Yes, you may receive temporary benefits while recovering and permanent benefits if your injury results in lasting impairments.

Are workers’ compensation benefits taxable?

No, workers’ compensation benefits are generally not subject to state or federal income taxes.

How long does it take to receive benefits?

Medical benefits begin immediately, and disability payments usually start within 14 days after your claim is approved.

Can I choose my own doctor for treatment?

In most cases, you must use a doctor within your employer’s approved medical provider network (MPN) unless you predesignated a physician before the injury.

What happens if my claim is denied?

You can appeal the denial by filing an Application for Adjudication of Claim with the Workers’ Compensation Appeals Board (WCAB).

Can I work while receiving disability benefits?

You may be eligible for partial disability benefits if you can perform limited or modified duties.

What if my employer doesn’t have workers’ compensation insurance?

You can file a claim with the Uninsured Employers Benefits Trust Fund (UEBTF) to receive benefits.