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Types of Workers’ Compensation Benefits

Workers’ Compensation for Injured Workers in San Luis Obispo, CA

Being injured on the job is never easy. If you or your loved one has been injured on the job, California state law requires certain benefits to be paid. If you have been injured at work, you need a reliable law office who will evaluate your claim and help you protect your legal rights.

To know how you can successfully recover compensation given your circumstances, seek legal help from a credible and competent local attorney.

The 805 Law Group handles workers’ compensation cases and other related legal matters. Our seasoned San Luis Obispo, CA worker’s compensation attorneys will take care of your personal injury case. We represent clients throughout the surrounding Southern California area. Call (805) 420-7547 or contact us online for a free initial consultation.

 

The Need for San Luis Obispo, California Personal Injury Attorneys

There are five basic types of workers’ compensation benefits. Injured workers may be entitled to one or more of these benefits. These include death benefits, general medical care, supplemental job displacement benefits, permanent disability benefits, temporary disability benefits.

In certain personal injury cases, claimants commit minor mistakes and end up not getting fully paid for the medical expenses and emotional distress caused by an accident in the workplace. In other cases, some accident victims feel that they have a slim chance of getting compensated for all the emotional distress, traumatic injuries, and economic damages that an accident has caused.

Our trusted and diligent personal injury lawyers in California will work hard to help you secure full and fair compensation. Call or send us a message at the 805 Law Group today!

 

Workers’ Compensation and Death Benefits

When a worker is fatally injured on the job, reasonable burial expenses are paid up to the current maximum set by law. The total death benefit amount of support payments depends on the number of dependents and whether they are partially or dependent.

 

What does state law in California say?

California state laws entitle dependents to receive compensation if someone dies from a work-related injury or illness. This now includes funeral and burial expenses up to $10,000. During this difficult time, a trusted California workers’ compensation lawyer can help you collect this compensation as well as the death benefit available to spouses, children, and other dependents.

These benefit payments are usually paid at the same weekly rate as the maximum temporary disability benefit. Additionally, qualified surviving dependents may receive support payments for a while. This is why it is vital to talk to an experienced and hands-on San Luis Obispo personal injury attorney who will work closely with you and help you seek maximum compensation. Call (805) 420-7547 or contact us online for a free initial consultation.

 

General Medical Care for Injured Workers

Medical treatment coverage is available under the law, but the injured worker must get this done through a medical care review process where it is determined what the appropriate treatment would be for each injury.

 

What is the process involved?

Generally, the employer is responsible for arranging medical treatment for the first 30 days from the date the injury or illness is reported.  However, an employee may obtain treatment from his or her physician if the physician is predesignated before the work-related injury or illness. Here, the employee must notify his or her employer that he or she opts to obtain treatment from a personal physician in the event of a workers’ compensation injury or illness.

What are considered medical expenses?

Injured workers are entitled to receive all medical treatment reasonably required to cure or relieve the effects of a work-related injury or illness.  Medical care can include hospitalization, x-rays, laboratory services, prescriptions, physician services, dental care, physical therapy, physical restoration, chiropractic treatment, dental care, or any other care considered necessary and reasonable.

Contact a local attorney for legal aid.

No matter what type of work-related condition you have, our lawyers are focused on helping you obtain any benefits you can receive. We handle the legal process and confront insurers who try to force you into a poor settlement.

Not a lot are aware that employers are not allowed by law to punish you for filing a workers’ compensation claim. We won’t let them get away with it. For any work-related conditions, we will protect your rights. Contact us at the 805 Law Group today!

 

Supplemental Job Displacement Benefits (SJDB)

The SJDB is a type of workers’ compensation benefit for an injured worker who is unable to return to work after his or her condition has stabilized. This is redeemable for up to $6,000, regardless of the extent of permanent disability.

 

To whom is it offered?

Employees who have injuries that result in permanent disability<span style=”font-weight: 400;”> and who are not offered timely  regular, modified, or alternative work by his or her employer must be offered this benefit. In most cases, however, the voucher cannot be redeemed as part of a settlement.

Where can the voucher be used?

Essentially, the non-transferable voucher may be used for education-related retraining and skill enhancement such as tuition, fees, books, or other expenses required by an approved training provider or public school in California.

It may be used to pay for licensing or professional certification fees, related exam fees, and examination preparation course fees, as well as to purchase computer equipment of up to $1,000 and to reimburse up to $500 in miscellaneous expenses.  

Are there other related benefits?

Additionally, an injured worker may receive additional benefits in the form of a penalty that the insurance companies are required to pay for any benefit that is paid late. The penalty may be up to 25% of the amount the insurance company is late in paying.

How can one qualify for this?

There is a maximum voucher amount set by law and the amount varies based upon the extent of permanent disability. For the injured worker to qualify for this benefit, the injured employee must have sustained a permanent disability, must not have been able to return to work within 60 days, and the employer must have failed to offer modified or alternative work on time.  

If you wish to learn more about supplemental job displacement benefits, consult with our San Luis Obispo, California workers’ compensation benefits attorneys. 

 

Permanent Disability in California

If a work-related injury or illness results in permanent impairment to an employee, the employee may become eligible for permanent disability benefits. Workers’ compensation law sets the benefit amount and the minimum and maximum amounts payable. Additionally, the benefits are paid every two weeks until the maximum amount is reached or a lump sum settlement is made.

 

How is it calculated?

The percentage of permanent disability is determined by using the formula found in the Schedule for Rating Permanent Disabilities after an assessment of the injured worker’s permanent impairment and limitations. There are three schedules and each one applies to specific dates of injury.

What factors are considered?

When calculating permanent disability, key factors include apportionment (how much the disability is caused by work, compared to how much it is caused by other factors) and an adjustment factor that takes into account an injured worker’s loss of future earning capacity. Most of the time, however, the amount (percentage) the employee receives is based on a formula. Such a formula considers the date of the injury, the employee’s occupation, the age of the employee when injured, and the extent of the physical injury or disfigurement.

Do I need legal assistance?

Some work injuries and illnesses never heal completely. The San Luis Obispo workers compensation attorneys at the 805 Law Group understand that a partial or total permanent disability decision can benefit your family for decades to come. Call us at (805) 420-7547 or send us a message today.

 

Temporary Disability in California

Accidents or illnesses suffered on the job can have devastating consequences to both victims and their family members. This is why workers’ compensation and personal injury cases must be taken very seriously.

When a worker is unable to return to work within three days of his or her injury or illness, the worker is entitled to temporary disability benefits to help partially replace wages lost as a result of the injury or illness. The benefits are designed to replace two-thirds of lost wages, up to the current maximum prescribed by relevant statutes.

 

What is the period covered?

There are statutory limits on the period during which temporary disability benefits are paid. These limits depend on the date of the injury and the type of injury. Benefits are generally payable every two weeks until the employee can return to work or until the employee’s condition becomes permanent and stationary.

How are payments made?

Most of the time, payments are not made for the first three days an employee is off the job unless he or she is hospitalized overnight or cannot work for more than 14 days. Here, a qualified physician must verify that an injured employee cannot work because of the on-the-job injury or illness before temporary disability benefits are payable. 

Why is reliable legal assistance crucial?

Similar to other personal injury claims, thorough investigation, skillful negotiation, and litigation expertise in courts of law on behalf of the claimant are necessary to arrive at the best possible outcome.

If you or a loved one sustained injuries from a workplace accident that was caused by someone else’s actions, contact a reliable personal injury law office in California. A hands-on and dedicated San Luis Obispo workers compensation lawyer can help you learn more about maximizing settlements or filing injury lawsuits.

 

Filing Personal Injury Claims and Workers Compensation

Personal injury laws cover a wide range of cases. A personal injury case may pertain to incidents that can happen anywhere. It could also take place in your place of work. Keep in mind, however, that workers’ compensation claims are different from other personal injury claims in many ways. Seeking reliable legal assistance is key to avoiding crucial mistakes.

Those injured in an accident have the right to sue a party at fault and recover compensation for serious injuries that they have sustained. This is especially true after an accident caused by another person’s carelessness or negligence. If you have been involved in an accident, you may sue or file a personal injury claim, depending on the situation.

 

Protection for Workers Injured at Work

Under both federal and state laws, personal injury lawsuits are meant to compensate for the physical pain, mental anguish, and even loss of enjoyment of life due to an accident. Related to this are other possible damages, such as loss of consortium (applicable to spouses that suffered from loss of marital relations), loss of companionship, or even loss of care. Actual workers’ compensation laws, however, vary from state to state.

Workers who sustained injuries, such as head traumas, severe burns, broken bones, torn ligaments, herniated or bulging discs, and rotator cuff tears will generally qualify for these benefits. Those with bodily injuries due to repetitive motion, such as carpal tunnel syndrome, exposure to harmful chemicals causing injury, and many others are usually covered as well.

 

Contact our Workers Compensation Attorneys in San Luis Obispo CA

If you have been hurt at work in California, you may be entitled to benefits, including medical treatment and a portion of lost wages. Even if your employer and their insurance company are not on your side, your personal injury claim still stands a chance. Call our California personal injury firm for legal assistance.

Having practiced personal injury law and workers’ compensation law for many years, our legal team has a stellar track record of success to draw on, enabling us to deliver results that meet and even exceed our clients’ expectations. Contact us at the 805 Law Group by dialing (805) 420-7547 today.