California’s workers’ compensation system is designed to provide monetary assistance to injured workers. The state law requires businesses and companies to carry workers’ compensation for their employees regardless of their numbers. If you encounter any issues with your California workers’ compensation benefits, call the expert California workers compensation attorneys of Oktanyan Der-Grigorian Law Group for help.
What is Workers Compensation?
Workers’ compensation is sometimes called “workers comp” or “workman’s comp.” This state-mandated program provides worker benefits who sustained work-related injuries or illnesses. It’s a disability system for workers as it provides cash, healthcare benefits, or both.
What Benefits Does Workers’ Compensation Cover?
Workers’ compensation benefits intend to help injured workers to heal, recover, and uplift their quality of life. However, the process can be quite complex, and most of the time, injured workers will face difficulty getting compensation. If you encounter problems, contact Oktanyan Der-Grigorian Law Group’s skilled workers’ compensation lawyers.
Generally, the insurance company will deny your claim so that they won’t pay you. They will do everything to challenge your claim and even have a lawyer of their own to intimidate you. But, when you have an Oktanyan Der-Grigorian Law Group’ skilled workers’ compensation lawyer, they may think twice otherwise.
California law mandates that an injured worker shall have the following benefits to cover his losses and damages. These include:
Medical Care
As an injured worker, you have the right to medical care and rehabilitation. You should also have mileage reimbursement for doctor visits and treatments. The Oktanyan Der-Grigorian Law Group can help you seek proper medical attention from our affiliated physicians.
Temporary Disability
These are payments to the injured worker for lost salaries because of a work-related injury. It replaces the lost wages that the worker would have earned if not for the injury. The rate would be two-thirds of the employee’s average weekly earnings.
Temporary disability is generally paid once the insurance company approves that the injury is related to work. The injured worker will receive payment for 104 weeks only within five years since the injury occurred. However, if the insurance company denies the claim, the worker will have no benefits.
To get Temporary Disability Benefits, the doctor should state that you can’t work because of your injury. Another reason that the doctor may provide is that you have limited movement or capacity to the amount or kind of work.
Also, if your employer doesn’t have modified work or lighter tasks to offer you as an alternative. On your end, you must visit the doctor every 45 days for recommendations regarding work restrictions and your capability to work.
Permanent Disability
It’s a benefit that reimburses a worker for loss of future earning capacity because of the permanent effects of the work-related injury. Usually paid every week for a specific period based on the injured worker’s disability. The maximum weekly rate that the injured worker will get is $290.
Permanent disability benefits are usually calculated according to the permanent loss of function on a 0-100% scale. If the disability rating is below 100%, the worker is relatively disabled. He will receive weekly payments for a specified period.
If the worker is 100% disabled, he is permanently totally disabled. If this is the case, the worker will receive weekly payments. It will be at the temporary disability rate for the rest of his life.
When the disability rating of the injured worker is between 70% and 90%, he gets a life pension.
As soon as the weekly partial disability payments stop, the disabled worker will receive an additional amount for as long as he lives because of the higher level of disability.
California’s calculation of permanent disability rate is two-thirds of the worker’s standard weekly salary. However, the maximum amount is much lower than most workers’ computed rate. Since 2014, the highest permanent disability rate has been $290 a week.
California Workers’ Compensation: Job Displacement Benefits
This benefit applies to injured workers who can’t return to work after a stabilized condition. The worker will receive a voucher worth $6,000 for retraining. This voucher will help in the worker’s retraining program for a new job. It means he can no longer do the same work he had before the injury. That’s why he needs to train for a new job that he can manage to do.
Moreover, the worker can get additional benefits from the insurance company if they delay the payment according to Labor Code sections 4650 and 5814. The penalty that the insurance can reach to 25% of the amount it’s late in paying.
Let the Oktanyan Der-Grigorian Law Group’s Workers Comp Lawyers Help You
Not all injured workers were able to get their compensation for several reasons. It all boils down to the insurance company’s denial of its claim. Our knowledgeable workers’ compensation lawyers know how the strategies of insurance companies work. As much as possible, they won’t pay workers’ compensation. They will do their best to find loopholes to support their rejection of your claim.
With us on your side, their scheme would never happen. We’ll fight for your rights and secure the compensation you deserve. The coverage of your compensation is not enough to cover all the overheads other expenses. We’ll maximize your compensation and identify if there is another party involved.
Schedule a free consultation with the Oktanyan Der-Grigorian Law Group. Call (818) 975-3080 today and speak with one of our expert California workers’ compensation lawyers.