The workers’ compensation program exists to provide financial support and medical care to employees who become injured or ill due to their work. California workers’ compensation laws guarantee injured employees necessary support during their recovery. It is important for workers and their families to learn about available benefits such as partial and total disability benefits as well as temporary and permanent disability benefits, supplemental benefits, and death benefits. If you have questions or concerns, the Santa Ana workers’ compensation lawyers at the Law Offices of Benjamin Arsenian are available to provide guidance and help ensure that you obtain the benefits you deserve.
Types of Disability Benefits in California
Workers’ compensation in California provides disability benefits based on the severity and duration of the worker’s injury. These benefits help replace lost wages and support the injured worker while they recover or adjust to a new way of working.
Partial vs. Total Disability
An injured worker’s benefits depend on their level of disability. The two main categories are:
Partial Disability: A partially disabled worker has restricted job functionality but can execute certain tasks. Employees who have partial disabilities might resume their jobs under adjusted responsibilities or shorter workdays. The amount of compensation received depends on how much the worker’s earning ability has decreased.
Total Disability: Due to their injury, a worker who has total disability cannot perform any type of work. The disabling condition could be temporary while the worker recovers or permanent if the injury proves to be severe. Total disability benefits provide financial support because the worker is unable to work and earn wages.
Temporary vs. Permanent Disability
Workers’ compensation benefits are further classified into temporary and permanent disability benefits, depending on how long the injury affects the worker’s ability to perform their job.
Temporary Disability Benefits (TD): Employees receive benefits during periods when they cannot work temporarily because of an injury sustained on the job. Workers who cannot perform any work duties receive temporary total disability (TTD) benefits, while those who can work part-time receive temporary partial disability (TPD) benefits.
The worker receives a payment that equals two-thirds of their average weekly wages within the predefined minimum and maximum limits set by state regulations. Temporary disability benefits continue until the worker either resumes their job or achieves maximum medical improvement (MMI), indicating no further improvement of their condition.
Permanent Disability Benefits (PD): Workers who suffer injuries leading to permanent impairment affecting their ability to earn income might qualify for permanent disability benefits. The disability compensation amount will vary according to how serious the disability is and whether the worker can resume working. The permanent disability rating assigned to workers establishes the amount of benefits they will receive. The level of benefits depends on the worker’s disability percentage, with total permanent disability defined as 100% disability, meaning there’s a complete inability to work.
Supplemental Benefits for Injured Workers
California extends supplemental benefits that help injured workers recover and return to work alongside wage replacement benefits.
Medical Benefits
- Workers’ compensation provides payment for all necessary medical expenses that are reasonable in connection with the injury.
- Worker compensation covers expenses such as doctor consultations, hospital admissions, physical therapy sessions, and necessary prescription drugs and devices like wheelchairs and prosthetic equipment.
- Medical treatment for workers must be provided by employers through an approved medical provider network (MPN).
Supplemental Job Displacement Benefits (SJDB)
- If a worker cannot return to their previous job due to a permanent disability and their employer does not offer alternative work, they may qualify for a Supplemental Job Displacement Benefit.
- This benefit provides a voucher to pay for retraining, education, and skill development.
- The voucher can be used for tuition, vocational counseling, and licensing fees to help workers transition into new employment.
Life Pension Payments
- Permanent partial disability ratings from 70% to 99% make workers eligible for life pension payments.
- Permanent disability beneficiaries receive extended financial assistance through these payments beyond their standard benefit compensation.
Death Benefits for Surviving Family Members
Surviving family members receive financial support through California workers’ compensation law if an employee dies from a workplace injury or illness. These death benefits include:
Survivor Benefit Payments
- Financial support in the form of death benefits is available to surviving spouses and dependents after the loss of an employee.
- The benefit amount varies with the number of dependents but usually falls between $250,000 and $320,000.
- The payment distribution occurs through installments which are structured like temporary disability benefits.
Burial Expenses
- Burial and funeral expenses can receive up to $10,000 through workers’ compensation.
- Grieving families experience financial relief during their time of loss because of this support.
Filing a Workers’ Compensation Claim in California
Employees with work-related injuries can only obtain workers’ compensation benefits after they complete the required filing procedures.
Report the Injury Immediately: Employees must inform their employer about workplace injuries immediately after they occur. Reporting an injury late can result in a denied claim or lowered benefits.
Seek Medical Treatment: Employees must receive medical treatment from a provider approved by their employer. A medical professional will assess the injury and decide if disability benefits are necessary.
File a Workers’ Compensation Claim: Employees who suffer a workplace injury must complete the DWC-1 claim form and return it to their employer. The employer must then send the completed form to their insurance company.
Follow Up on the Claim: When workers encounter delayed or denied claims, they must file an appeal with the Workers’ Compensation Appeals Board (WCAB). Our Santa Ana workers’ compensation lawyers stand ready to assist workers with disputes and ensure they receive appropriate benefits.
What Benefits Do Santa Ana Workers’ Compensation Attorneys Provide?
Navigating California’s workers’ compensation system can be overwhelming, especially when dealing with a serious injury. The experienced Santa Ana workers’ compensation attorneys at the Law Offices of Benjamin Arsenian can help injured workers by:
- Ensuring proper medical evaluations to support claims
- Fighting against claim denials and insurance disputes
- Negotiating for the highest possible disability benefits
- Assisting with supplemental job displacement benefits
- Helping surviving family members obtain death benefits
Speak to the Santa Ana Workers’ Compensation Lawyers at the Law Offices of Benjamin Arsenian Today
Injured employees in California depend on workers’ compensation benefits for financial assistance and medical care, which aid their long-term recovery. Knowing the differences between partial and total disability as well as temporary and permanent disability, along with supplemental benefits and death benefits, helps you make smarter decisions.
Our knowledgeable workers’ compensation attorneys in Santa Ana can help you or your loved one who suffered a workplace injury to obtain all the benefits you deserve. Act now to obtain legal support that will safeguard your rights and protect your future. Contact us today.