The modern world is rapidly moving toward safer work environments. However, accidents on the job still happen. When you face such an injury, filing a Workers' Compensation claim is the best decision.
Just as injuries are not alike, benefits are not equal for all cases. In California, the Workers' Compensation system provides 5 types of benefits:
Medical Treatment
Temporary Disability
Permanent Disability
Death Benefits
Supplemental Job Displacement
Read on, and in minutes you'll learn about the benefits you can get if you are injured on the job.
1. Medical Treatment
Minor injuries sustained on the job are treated more quickly. They involve prescription medication, time off work to heal the lesion, and physical therapy if necessary.
Sometimes insurers deny the need for medical treatment, even if the injury is evident. In this scenario, you should call a Workers' Compensation attorney.
Example:
If a cook cuts his hand and cannot stop the bleeding, he will need some medical treatment to cure his injury. In some cases, the person may be able to return to work the next day; in others, he may need physical therapy for the hand to heal and gain some strength.
2. Temporary disability
This injury is a frequent reason for a Workers' Compensation claim. Here, injured employees are partially disabled for a significant period, where they will not be able to perform their usual duties.
On its side, the company may assign them to another job with lighter duties or ask for a leave of absence while recovering from their injury.
The cost of your medical treatments and lost wages during that time will be compensated in your claim.
Example:
A warehouse worker slipped and fractured his arm. Due to the accident, he cannot perform his usual duties, such as driving a forklift or picking up boxes. Instead, he can perform some lighter duties, so his employer can assign him to different jobs while he gets back to normal.
3. Permanent disability
There are cases when workers lose their ability to earn a living because of an injury. That is, they cannot perform their usual duties anymore. If this occurs and the doctors determine that the maximum possible recovery has been reached, the worker would have the opportunity to settle with the insurance company for total permanent disability.
This compensation covers
All medical expenses at the time of the injury
Replacement wages
The money spent on the attorney during the settlement
The loss of earning capacity benefit for the period determined on the settlement.
Example:
A landscaping worker lost his vision due to a rock that flew into his eyes while operating an edger. In this case, the injured worker will be compensated under the Permanent Disability (PTD) claim, as the disability does not allow him to continue working as usual.
4. Death Benefits
There are unfortunate cases in which workers die because of their on-the-job injuries. When this happens, their family members are compensated if they are financially dependent on the deceased.
There is a procedure for calculating the amount paid to workers’ dependents. This is done based on the salary they used to earn and the number of dependents.
Although this benefit has a maximum and minimum value, in some cases lump sums are given to the dependents. Funeral expenses may also be included.
Example:
A construction worker suffered a fall from a third floor and, although taken to emergency immediately, could not be saved. His wife and two young children are entitled to a death benefit as his dependents. This compensation will be carried forward until the least of the children reaches age 18.
5. Supplemental Job Displacement
This benefit is provided to workers who are in the process of returning to work after an injury. Reemployment may be in the same or a similar job. Compensation benefits may cover rehabilitation, evaluations, counseling, and retraining.
Example:
A sales consultant sustained a hand injury due to continuous computer use. Although she has recovered, it is not recommended she keep performing the same type of work. She then resorts to retraining to gain job skills in different and safer areas for her health.
Pacific Workers', The Lawyers for Injured Workers in Northern California's Premier Workers' Compensation Law Firm. Representing First Responders, Health Care Workers, Construction Workers, Delivery Workers, Warehouse Workers, and all the hard-working people that keep our community moving in their Fight for Justice against the Insurance Companies.
With over 250+ Five Star Reviews; an incredible staff of caring, well-trained, advanced technology for superior client communication: a record of accomplishment of an over 98%-win rate, and giving back to our community through the Pacific Workers' Foundation, it is easy to see why Pacific Workers' is the go-to law firm for all injured workers in Northern California. Find our offices in Oakland, Concord, Stockton, Tracy, San Jose, and Sacramento.
If you or a loved one need help or just have a question, give us a call at 800-606-6999 or email us at Intakes@pacificworkers.com.