California Workers Compensation Law – Know Your Rights
Gone are the days when an employee would have to file civil lawsuits against his employer just so he can get compensated for the economic and health-related losses incurred from a health-related accident or illness. Specifically in the state of California, the California workers compensation law indeed makes things easier and more humane for both employees and employers.
With the current times California workers compensation law, the system of no-fault recovery is followed. This means that what an employee has to prove only is that the involved injury or illness occurred during the course of his employment so a legitimate claim can be made.
Note that the compensation law for workers is administered by the DWC or the Division of Worker’s Compensation. One can always inquire through their 24/7 hotline but regional offices can also answer compensation law-related questions. Free seminars are also offered for workers who have been injured at work.
Generally, the California workers compensation law exists in order to assist employed individuals and their families when illness, injuries or even death occur while on the job. The six main benefits offered by the law include medical care, temporary disability, permanent disability, supplemental work displacement, vocational and death benefits.
Here are some of the main points worth knowing under the CA workers comp law…
Temporary Disability Under the Employment Law of California
Temporary disability occurs when an injured employee is unable to go back to work at least three days after the injury. Temporary disability benefit is given in order to compensate for the lost wages and is usually computed at about 66% of the worker’s gross earnings.
Note, however, that there is a maximum amount (around $900+ per week). The compensation is paid until the employee is released by the doctor or until he is able to go back to work.
Permanent Disability
If a doctor gives the necessary medical paperwork to say that you are permanently disabled due to work-related injury or illness, then be aware that you are due permanent disability benefits under the California workers compensation law.
Many permanent disability cases are caused by orthopaedic injuries, chemical or toxic exposures, heart attacks, strokes or even psychiatric injuries. Generally, permanent disability occurs when a worker is injured and does not recover completely.
Medical Care
A medical specialist must examine the injured worker so as to determine the kind of injuries sustained. With the needed medical documents and evaluations, an injured worker may be given the corresponding medical care coverage and compensation.
Out-of-Pocket Expenses
Workers who are injured can also be entitled to out-of-pocket expenses according to the California workers compensation law. These can include reimbursements for expenses like mileage or gas going to and from depositions or medical appointments. Other examples also include outpatient medication, parking costs or pharmacy expenses.
Rehabilitation under the California Workers Compensation Law
It is also possible to be entitled to rehabilitation benefits. Such a program can include services that help the injured worker return to the state of being suitable for gainful employment. Note that even while the injured worker is already under the rehabilitation program, he may still receive the agreed temporary disability benefit or even rehabilitation maintenance allowance, if any.
Indeed, the California workers compensation program is extremely useful and helpful not just for the employed individuals but also for their families. However, one must also know that while one can fully exercise his rights based on the California workers compensation law, there are exemptions to it.
For instance, an employee would not be entitled to the compensation if the injury or illness was incurred through the use of alcohol or drugs; suicide or self-inflicted wounds; a felony committed by the worker and such.