If you are injured in a work-related accident, you are entitled to workers’ compensation benefits. You are entitled to benefits regardless of fault (an exception to this is if the employer proves that the work injury was sustained while under the influence of drugs or alcohol).
Understanding the workers’ compensation payment structure in California allows you to adequately plan for your future after getting injured on the job. It is also important to understand this process so that you make sure your employer and any claim adjustors are making fair assessments and issuing the correct amount owed to you.
It is in your best interest to hire an experienced Orange County workers’ compensation attorney to handle your case to ensure you get the full compensation you deserve. Below is an overview of how worker’s compensation payments are calculated for California work-related injuries.
The Workers’ Comp Process in California
Whether you or someone you love has been injured in the scope of employment, it is important to understand how to calculate worker’s compensation benefits in California. Since every state handles and calculates benefits, there are some things that are unique in California.
California requires all employers to carry workers’ compensation coverage, even if they only have one employee. //
As an employee, if you are injured on the job or in the scope of employment, your employer is required to provide you with paperwork regarding workers’ compensation within 24 hours of reporting it to them. The required paperwork will provide you with the exact process for workers’ compensation and wage replacement as required under California law.
Calculating California Workers’ Compensation Benefits
In California, you are entitled to receive two-thirds of your pre-tax gross wage if you have suffered a work-related injury. This calculation is set by state law and also has a maximum allowable amount. The state adjusts the amount annually. Below is an overview of how payments are calculated:
1. Medical Treatment and Benefits: While the insurance company is considering your claim, they are legally responsible to pay up to $10,000 of your medical costs, even if they ultimately deny your claim. The law entitles you to payment for all medical treatment that is “reasonably required to cure or relieve” your work related injury. This includes:
- Doctor’s bills
- Hospital bills
- Prescription medicines
- Medical supplies and equipment
- Acupuncture treatment
- Up to 24 sessions of chiropractic care occupational therapist
2. Temporary Disability Benefits: You may be entitled to temporary disability benefits (TD) if your doctor deems you incapable of doing any part of your job for a specific amount of time. The payments generally kick in after you have missed three days of work, unless if you are off work for more than 14 days or you have been hospitalized. TD benefits are generally calculated as two-thirds of your average weekly wages (pre-tax gross amount) that you were earning at the time of your injury. For 2022, the maximum is $1,539.71 per week, while the minimum was $230.95.
3. Permanent Disability Benefits: If your doctor determines that your work-related injury or illness has left you with permanent limitations that impact your ability to work, you may be entitled to permanent disability benefits. Once your doctor has determined that your medical condition is permanent and stationary, you will be provided a permanent disability rating expressed in a percentage. This rating will take into account your occupation, age, and the extent of your impairments.
Our Team Is Here For You
When you have suffered a work-related injury, your recovery and healing are the only things you should have to focus on. Leave the rest on us.
We take great pride in helping you navigate through this difficult time, and in ensuring you receive the care, treatment, and benefits you are entitled to under the law.
If you or a loved one has been injured on the job or have developed a serious health condition that may be related to work conditions, you need to immediately hire an experienced Orange County workers’ compensation attorney to protect your legal rights and help you get the full benefits to which you are entitled.
For your convenience, you can now also text us at 714-386-9874, and we will get back to you within 24 hours of your inquiry.