Different Types of Workers’ Compensation Benefits Are Available in California
Workers’ compensation lawyers helping injured workers successfully claim benefits
At Invictus Law, P.C., we help injured workers successfully claim compensation to cover lost wages while they recover. We serve clients in California throughout all Orange County communities — including Santa Ana, Orange and Irvine — and in Riverside and San Bernardino counties. Our goal is to help you overcome obstacles.
Understanding the California worker’s compensation system
The state’s workers’ compensation system offer payments in several ways:
- Death benefits
- Permanent disability, either partial or total
- Temporary disability, either partial or total
- Supplemental job displacement benefits
Workers’ compensation benefits cover medical care, lost wages, rehabilitation and vocational training.
Doctors determine whether you qualify for disability benefits. Common accidents include back injuries caused by falls, burns from chemical exposure or explosions, and injuries sustained in motor vehicle accidents while performing work activities, such as a delivery. Other common injuries covered by workers’ compensation benefits include those caused by repeated exposure, such as carpal tunnel syndrome or hearing loss.
We assist you with workers’ compensation requirements, guiding you through the process and ensuring all proper documentation accompanies the necessary forms for compensation. If your injury has resulted from the negligence of another party, we are able to bring a third-party liability claim against that party and pursue damages.
California’s workers’ compensation benefits can cover burial expenses up to $5,000 for injuries sustained before January 1, 2013 and up to $10,000 for injuries sustained on or after that date. Payment amounts for death benefits depend on the number of dependents the deceased has and continue until the youngest minor’s 18th birthday. These benefits are paid out at the total temporary disability rate, a minimum of $224 per week.
If your rating for permanent disability is 100 percent, you receive benefit payments for life at the disability rate. Payments are based on the state average weekly wage (SAWW) and are adjusted each year based on any changes in that average wage. For 2013, the SAWW is $1,059.38, which represents a nearly 6 percent increase over the 2012 payment.
Temporary disability rates are paid out according to the permanent disability percentage and the date of injury
Your date of injury and permanent disability percentage determine the amount of benefits you receive for temporary disability. For example, if your injury occurred on or after January 1, 2013, you earned less than $240 per week before your injury and your permanent disability percentage is between 1 and 54 percent, your temporary disability rate is $160. Your permanent disability rate falls between $160 and $230. At Invictus Law, P.C., we explain how the payout rates work for you. Typically, you receive two-thirds of your pretax wages at the time of your injury.
If you have a permanent partial disability, you may qualify for supplemental job displacement benefits. This program provides you with a voucher worth up to $6,000 to cover the costs of vocational training or skill enhancement so you can return to work. A portion of this money can pay for a licensed job placement agency.
Other benefits may apply
In addition to workers’ compensation benefits, you may be eligible for other programs, including Social Security Disability. You can also file a state disability insurance claim with the California Employment Development Department to receive benefits after workers’ compensation temporary disability benefits end or are denied.
Contact a workers’ compensation attorney to learn more about the types of benefits available
Invictus Law, P.C., with offices in Santa Ana and Ontario, California, assists injured and disabled workers with successfully claiming workers’ compensation benefits while they recover. Tell us about your situation in a risk-free consultation. Call us 24-7 at (949) 287-5711 or contact us online to set up your appointment. We offer flexible hours, and our firm does not require you to pay any up-front attorney’s fees.