THE INJURED WORKER

If you get injured on the job or become ill as a result of your employment, your employer is required by law to provide workers' compensation benefits. Work related injuries can occur at a specific time where an employee injures their back while lifting a box. This type of injury is referred to as a specific injury in that it occurred at a specific time on a specific date. Sometimes specific injuries occur while away from your employment. Such as an auto accident which occurs while on an errand for your employer. In some instances, a specific injury can result in a psychological injury. An example of a psychological injury is when is traumatic event occurs at the work place resulting in the worker requiring psychological medical treatment.

Another type of injury is an injury that occurs over a period of time. These types of injuries are referred to as a continuous trauma. An example of a continuous trauma type injury is a secretary who develops carpal tunnel syndrome, an injury to his/her hands as a result of continuous use of a keyboard.

Sometimes workers become ill as a result of exposure to toxic substances while on the job. These types of injuries are typically referred to industrial illnesses or an illness that is caused by ones activities at work. An example of an industrial illness is a medical worker who contracts hepatitis from exposure to contaminated blood. Sometimes workers contract skin diseases as a result of constant contact with toxic chemicals.
Regardless of the type of injury, it is imperative that the injured worker report his/her injury immediately to their employer.

WHAT ARE WORKERS' COMPENSATION BENEFITS?

Medical Care
An injured employee is entitled to receive all the medical care necessary to cure or relieve the employee from the effects of the injury. Medical care can include such things as visits with the medical doctor, prescription medication, hospitalization, surgery, physical therapy, and any other treatment that is reasonably necessary to cure the injured employee.
All medical treatment is paid for by the employer or their workers' compensation insurance company. In no event, should an injured employee bear the costs of any medical treatment. Whose doctor do I see? For injuries which occurred after January 1, 1994, the employer or their workers' compensation insurance company has the right to control what doctor treats an injured worker for the first 30 days. Thereafter, the injured employee has the right to select his/her own physician. Sometimes an injured worker may be entitled to medical care/treatment for the rest of their life.

Temporary Disability
While an employee is receiving treatment for their work injury and is unable to work, they are entitled to temporary disability benefits. This is a monetary benefit paid to the injured worker while he/she is unable to work. Generally, an employee receives two-thirds of his/her average weekly wages up to a maximum that is set by law. When calculating wages, an employee can include overtime and bonuses from the job where they were injured as well as any other wages from any other concurrent employment. In other words, if an injured worker had a full-time job when they became injured and at the same time held a part-time job working, for example, on the weekends, the wages from the part-time job would be considered in determining the level of temporary disability benefits.
Temporary disability benefits begin three days after the original date of injury. Temporary disability benefits continue until a worker has been completely released by their doctor or until the doctor has released them to modified work and the employer has modified work available for the employee.

Permanent Disability
Once an injured worker has received the maximum benefit from medical treatment, his/her condition can be declared permanent and stationary. That is to say that his/her condition has stabilized and may not get better or worse. At that point, a medical determination is made whether the injured worker has any permanent disability or impairment. Permanent disability can be derived from an obvious physical impairment, such as the loss of an eye, to a doctor's suggestion that the injured worker should avoid lifting heavy items. In either case, a percentage of permanent disability can be derived.
Permanent disability is also affected by the injured worker's age and occupation. A disability percentage can range from 1 to 100 percent, depending on the severity of the injury and permanent disability. Obviously, the more extensive the injury, the higher the permanent disability percentage. The amount of money an injured worker receives as a result of a permanent disability is set by law. In the case of a 100 percent disability, the injured worker would receive payments for the remainder of their life. When permanent disability exceeds 70 percent, an injured worker will receive a life pension in addition to payments of permanent disability.

Death Benefits
In the event an employee is killed on the job or the employment contributes to the death of a worker, the surviving dependents are entitled to workers' compensation death benefits. The amount of the death benefits is set by law and increases depending on the number of dependents up to a maximum. In addition to workers' compensation death benefits, the workers' compensation insurance company will pay burial expenses up to a maximum of $5,000.

Vocational Rehabilitation
In the event that an injured worker is unable to return to his/her prior occupation, the employer has the option of offering a modified or alternate job or, if one is not available, vocational retraining. Vocational retraining can include direct job placement or actual job retraining. While the injured worker is participating in vocational rehabilitation, he/she receives a weekly support payment not to exceed $246 per week. The purpose of vocational rehabilitation is to return the injured worker to suitable, gainful employment that is within any restrictions that the doctor has placed on the individual.

Do I need an attorney?

An injured worker has the absolute right to be represented by an attorney. Workers' Compensation law is complex and changes frequently. Having an experienced attorney by your side throughout the entire process can greatly reduce the stress of a workers' compensation claim and the stress of attempting to represent yourself. Your attorney will insure that you are being paid workers' compensation benefits at the appropriate rate and duration. Your attorney will insure that you are receiving good and appropriate medical care. Your attorney will assist you in developing the best possible vocational rehabilitation program so as to increase the likelihood of returning to suitable employment. In addition, it is the attorney's job to prepare the case strategy so that you can obtain maximum value for your injuries. Being represented by an attorney does not prolong the workers' compensation process and, in many cases, speeds up the process. Your attorney is paid at the conclusion of your workers' compensation case. In every case, the attorney's fee is approved by the Workers' Compensation Appeals Board judge.

There is no charge for an initial workers' compensation attorney consultation.
An injured worker should know that their employer may not discriminate against them in any way with respect to their workers' compensation claim. In other words, it is illegal for your employer to punish or fire you for having a job injury or having filed a workers' compensation claim. Likewise, your employer cannot discriminate against you for having hired an attorney to represent for a workers' compensation claim. California Labor Code section 132(a) prohibits this kind of discrimination.